Sentencing Guidelines and Due Process Violation

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7^th Circuit Court of Appeals

Case Name: United States of America v. Bradley D. Dearborn

Case No.: 16-3346; 16-3905

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

Focus: Sentencing Guidelines and Due Process Violation

Now, in Appeal No. 16-3346, Dearborn argues that during resentencing the court should have reconsidered its earlier denial of a motion to suppress evidence. We conclude that Dearborn waived that argument, however, so we affirm the district court’s new sentence. Appeal No. 16-3905, which Dearborn briefed pro se, concerns the denial of several motions for an immediate transfer to a federal prison from the county jail where Dearborn was housed temporarily after resentencing. Because Dearborn has since been transferred to a federal prison, we dismiss the pro se appeal as moot.

In his pro se appeal, Dearborn asserts that his continued detention at the Fulton County Jail after his federal resentencing violated his right to due process and the Interstate Agreement on Detainers, 18 U.S.C. App. 2. But Dearborn’s later transfer to the Federal Correctional Institution in Greenville, Illinois, has made that objection moot.

Affirmed in part. Dismissed in part.

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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.