08-1421 U.S. v. Jackson

Listen to this article

Sentencing
Supervised release; revocation

Where a district judge said he would impose the same sentence on revocation of supervised release, regardless of whether the conduct was or was not a "violent felony" under the law, his sentence is affirmed.

"Begay and Templeton do not help Jackson because the trial judge made clear that he would have imposed the same sentence regardless of whether a felony DWI is a Grade A or Grade B violation. See United States v. White, 519 F.3d 342, 349 (7th Cir. 2008) (declining to remand for resentencing after Kimbrough where district court made a 'firm statement' that it would have imposed the same sentence even absent the guidelines); United States v. Paulus, 419 F.3d 693, 700 (7th Cir. 2005) (declining to remand for resentencing where district court anticipated the decision in Booker and noted that it would have imposed the same sentence whether the guidelines were mandatory or advisory). Observing that 'given the driving while intoxicated, whether one wants to call it-regardless of what the Supreme Court decides as to whether it's a violent felony,' the court determined that the crime threatens people's lives and safety and that 'there is a significant need to protect the public from Mr. Jackson as long as he is drinking.' The court thus recognized the issue in Begay but concluded that the Supreme Court's decision would not change its view of the appropriate prison term for Jackson. The court reiterated its position when it later explained that, given all of the sentencing factors, 'I do think that the Guidelines have it about right with the 27 to 33 months.'"

Affirmed.

08-1421 U.S. v. Jackson

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Coffey, J.

Full Text