Court Error – Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jason J. Tyson

Case No.: 16-2194

Officials: BAUER, EASTERBROOK, and SYKES, Circuit Judges

Focus: Court Error – Sentencing Guidelines

Tyson argues that he is entitled to resentencing because his Wisconsin burglary conviction does not qualify as a “crime of violence” as contemplated by the Sentencing Guidelines, and therefore, the court set the incorrect base offense level for his Guidelines calculation. Indeed, shortly after Tyson’s sentencing, we held that because the Wisconsin burglary statute covers a “greater swath of conduct” than the elements of the Guidelines offense, it cannot serve as a predicate offense under § 2K2.1(a). United States v. Edwards, 836 F.3d 831, 838 (7th Cir. 2016).

At the hearing, the court went out of his way to explain his view that the Guidelines range was too high and that the calculated recommendation was not serving as the basis for the sentence he imposed. The court described the applicable range as “off the reservation” and noted that the Guidelines present “very fertile ground for the court to impose something different.” There is no indication in the record that the calculation error in any way affected the fairness or integrity of Tyson’s sentencing proceedings. Therefore, Tyson cannot satisfy the fourth condition, and his challenge cannot survive plain error review

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.