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Pleas & Sentencing – Resentencing

By: Derek Hawkins//November 4, 2015//

Pleas & Sentencing – Resentencing

By: Derek Hawkins//November 4, 2015//

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Criminal

7th Circuit Court of Appeals

Officials: POSNER, KANNE, Circuit Judges, and DARRAH, District Judge.

Pleas & Sentencing – Resentencing

No. 14-2368 United States of America v. Alexsis Garcia

District court imposition of sentence significantly above the guideline range was court error.

“The Government has conceded that the case must be remanded for a new sentencing hearing on the imposition of the conditions for supervised release. “[S]entencing judges should impose conditions of supervised release which are (a) appropriately tailored to the defendantʹs offense, personal history and characteristics; (b) involve no greater deprivation of liberty than is reasonably necessary to achieve the goals of deterrence, protection of the public, and rehabilitation; and (c) sufficiently specific to place the defendant on notice of what is expected.” United States v. Parrish Kappes, 782 F.3d 828, 847–48 (7th Cir. 2015). Further, “a sentencing court must justify the conditions and the length of the term at sentencing by an adequate statement of reasons, reasonably related to the applicable § 3553(a) factors.” Id. at 845 (citing United States v. Bryant, 754 F.3d 443, 445 (7th Cir. 2014)).”

Remanded for resentencing

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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.

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