Dist. Ct. did not err in sentencing defendant to 48-month term of incarceration on charge of unlawful possession of firearm by felon, where said sentence was based in part on defendant’s statements to probation officer that he believed in white supremacy, that he had hatred for minority races and he had desire to return to Germany to embrace his Nazi roots. While defendant argued that Dist. Ct. had violated his First Amendment rights when it considered his white supremacist beliefs at sentencing, Dist. Ct. could properly consider said statements, in conjunction with defendant’s extensive criminal history, as raising serious question as to whether defendant posed threat of violent or anti-social conduct to community. As such, defendant’s beliefs were reasonably related to legitimate sentencing purpose.
Federal 7th Circuit Court
Criminal Court
Sentencing