Court Error – Sentencing Guidelines

By: Derek Hawkins//January 24, 2017//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Paul Winfield

Case No.: 16-1047; 16-1048

Officials: POSNER, KANNE, and SYKES, Circuit Judges.

Focus: Court Error – Sentencing Guidelines

These consolidated appeals raise a single issue: whether the district court erred by adjusting Paul Winfield’s offense level upwards based on the court’s finding that Winfield “maintained” his apartment for distributing controlled substances, see U.S.S.G. § 2D1.1(b)(12). Winfield argues that the guideline doesn’t apply here because drug dealing was not among his “primary or principal” uses for the apartment, see U.S.S.G. § 2D1.1 cmt. n.17. We disagree and affirm the district court’s judgments.

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.

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