Sentencing — reasonableness

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — reasonableness

Although a written recalculation of the guideline range after the defendant filed a notice of appeal is a nullity, the sentence is affirmed.

“Moreover, because the judge’s written statement of reasons was filed after Brown appealed, the court lacked the power to substantively alter the sentence because jurisdiction had shifted to this court. Brown’s sentence did not change, though the rationale for it certainly did. To the extent that the judge’s recalculation of the guidelines range amounts to a substantive change, it is a nullity because the court lacked jurisdiction to make the change. If the recalculation simply introduced an inconsistency between the written statement and the oral pronouncement of the sentence, the oral pronouncement controls. Either way, we disregard the written statement of reasons. Considered in light of the court’s oral pronouncement of sentence, the 60-month sentence is reasonable.”

Affirmed.

12-3313 U.S. v. Brown

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Sykes, J.