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