Pleas & Sentencing – Sentence Calculation – Unreasonable Sentence

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Criminal

7^th Circuit Court of Appeals

Officials: BAUER, KANNE, and WILLIAMS, Circuit Judges

Pleas & Sentencing – Sentence Calculation – Unreasonable Sentence

No. 14-3460 United States of America v. Zenon Grzegorczyk

Appellant failure to fully carry through with conspiracy or solicitation to commit murder does not alter applicability of §2X1.1(c)(1) of the US Sentencing Commission Guidelines Manual.

“Grzegorczyk’s argument fails for two reasons. First, it ignores the plain language of § 2X1.1(c)(1), which instructs the court not to apply § 2X1.1 when a solicitation is expressly covered by another offense Guidelines section. Second, it fails to consider the fact that § 2A1.5 already accounts for instances where the acts necessary for the completion of the crime solicited have not occurred. This is evidenced by specific cross reference instructions directing the court to apply § 2A2.1 if the offense resulted in an attempted murder or assault with intent to commit murder (which would yield a base-offense level of 38) or § 2A1.1 if the offense resulted in the death of the victim (which would yield a base-offense level of 43). U.S.S.G. § 2A1.5(c). Accordingly, Grzegorczyk’s claim as to the applicability of § 2X1.1(b)(3)(A) to his sentence fails.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.