By: WISCONSIN LAW JOURNAL STAFF//November 8, 2012//
United States Court of Appeals For the Seventh Circuit
Criminal
Sentencing — Fair Sentencing Act
Where a defendant failed to argue at sentencing that he should be sentenced pursuant to the Fair Sentencing Act of 2010, he cannot raise the argument on appeal.
“Hible knew of the FSA; at his plea hearing, he asked to be sentenced under it. Yet at his sentencing, he did not assert a right to be sentenced under the FSA. Instead, he affirmatively withdrew all objections to the presentence report and agreed that in sentencing (he had not objected that the presentence report did not utilize the FSA in projecting his sentence), the district court should use as a ‘starting point’ an offense level of 34, criminal history category VI, and the career offender advisory guideline range of 262 to 327 months. That this was a conscious, strategic decision is inescapable.”
Affirmed.
Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Tinder, J.