Dist. Ct did not err in sentencing defendant to above-Guideline, 48-month term of incarceration on unlawful possession of firearm charge, even though applicable Guideline range was 18-24 months. Firearm charge arose out of incident in which defendant shot firearm five times at his ex-girlfriend, and defendant had prior criminal history that included two juvenile adjudications, six misdemeanor and two felony convictions, as well as three sets of pending charges and seven other arrests. Also, defendant had previously been subject of order of protection that precluded him from contacting mother of two of his children. Dist. Ct. did not commit any procedural error, where Dist. Ct. based upward variance on certain section 3553(a)(1) factors, and instant sentence was otherwise not substantively unreasonable, where Dist. Ct. observed that above-Guideline sentence was necessary to protect public and that defendant’s conduct represented pattern of escalating violence calculated to terrorize ex-girlfriend.
Federal 7th Circuit Court
Criminal Court
Sentencing