Federal 7th Circuit Court
Criminal Court
Sentencing
Dist. Ct. erred in sentencing defendant to 8-year term of re-imprisonment upon revocation of defendant's term of supervised release stemming from his conviction on four counts of production, receipt, distribution and possession of child pornography. While instant sentence was within statutory maximum had defendant been originally sentenced to four terms of supervised release (as opposed to one, six-year term of supervised release that was part of defendant's original sentence), record did not demonstrate that Dist. Ct. considered recommended sentencing guideline range for revocation of supervised release, which for instant Grade C offenses would have been only three to nine months term of incarceration for each offense. Moreover, Dist. Ct. did not consider whether instant sentence would lead to unwarranted disparities among similarly situated defendants.