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Sentencing Guidelines

By: Derek Hawkins//August 1, 2017//

Sentencing Guidelines

By: Derek Hawkins//August 1, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Crane Marks

Case No.: 15-2862

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

Focus: Sentencing Guidelines          

This appeal illustrates why, when an arcane and arbitrary issue arises under the Sentencing Guidelines, the sentencing judge should ask, “Why should I care?” That question was not asked here, so we must remand for resentencing.

Defendant‐appellant Crane Marks pled guilty to conspiring to distribute heroin. He was sentenced to nine years in prison (108 months). That sentence is either well above or well below the advisory range under the Sentencing Guidelines, depending on one issue in calculating Marks’ criminal history. The district court decided the issue against Marks, and he has appealed his sentence.

Vacated and Remanded

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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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