Record supported Dist. Ct.’s imposition of 96-month term of incarceration on unlawful possession of firearm charge, even though Dist. Ct. miscalculated defendant’s criminal history points by assessing two points for prior driving on revoked license conviction under circumstances, where defendant had been arrested and sentenced on said charge on same day as his second-degree murder charge that also resulted in conviction. However, any error was harmless, where deduction of two criminal history points would keep defendant in VI category, and where Dist. Ct. did not indicate that it would have imposed different sentence due to lower criminal history points. Counsel for defendant also filed motion to withdraw based on claim that defendant’s appeal of his sentence was frivolous, and Ct. of Appeals concurred with counsel that said issues were frivolous.
Federal 7th Circuit Court
Criminal Court
Sentencing