Pleas & Sentencing – Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Maurice L. Maxwell                

Case No.: 15-2799

Officials: WOOD,Chief Judge, andBAUER and WILLIAMS,Circuit Judges.

Focus: Pleas & Sentencing – Sentencing Guidelines

District court properly relied on career offender enhancement in calculating Appellant sentence.

“Further, the Advisory Committee Comments to Minnesota Statute § 609.24 clarify this issue. Regarding the phrase “[a]gainst any person,” the Comments state that “[t]he kind of case covered involving one other than the victim is one in which ‘X’ threatens to kill ‘Y’ if ‘Z’ does not hand over his wallet.” Thus, although the Minnesota statute uses the words “any person,” while § 4B1.2(a)(1) states “person of another,” both cover situations in which a robber threatens to harm a victim or a third person, not instances where the robber threatens to harm himself. Therefore, since the Minnesota statute for simple robbery is not broader than § 4B1.2(a)(1), it was appropriate for the district court to rely on the career offender enhancement in calculating Maxwell’s Sentencing Guidelines range”

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.