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Motion to Suppress – Sentencing

By: Derek Hawkins//March 21, 2017//

Motion to Suppress – Sentencing

By: Derek Hawkins//March 21, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Antwon D. Jenkins

Case No.: 15-3068

Officials: BAUER, ROVNER, and HAMILTON, Circuit Judges.

Focus: Motion to Suppress – Sentencing

Appellant sentence was not over broad or an abuse of discretion.

“As discussed above, the court clearly identified the § 3553(a) factors that it believed warranted the imposition of a consecutive sentence: Jenkins’ “substantial” criminal history; the seriousness of the offense; the need for just punishment; and to promote respect for the law. The court remarked that Jenkins “thumbs his nose at the rules” and believes that “the rules and laws don’t apply to him.” As a result, the court believed that a consecutive rather than concurrent sentence

was most appropriate. We have held that “undoubtedly a sentencing court enjoys broad discretion in deciding whether to run concurrent or consecutive terms.” United States v. Bour, 804 F.3d 880, 885 (7th Cir. 2015) (citation and quotation marks omitted). We do not find Jenkins’ sentence to be an abuse of that broad discretion. Consequently, Jenkins’ sentence is substantively reasonable.”

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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