Criminal Procedure — Sentencing in abstentia

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — Sentencing in abstentia

Where the defendant refused to come to court for seven consecutive appearances, the district court did not err in sentencing him in abstentia.

“After examining the facts of this case, we find that the district court did not clearly err in finding that this is one of those—perhaps rare—times when a defendant in custody has knowingly and voluntarily waived his right to be present during sentencing. By the date of sentencing, Velazquez had a long-standing and well-documented aversion to appearing voluntarily in court, and it was apparent that Velazquez’s absence had not made his heart grow fonder toward the district court. Velazquez’s pro se filings in the weeks leading up to sentencing asserted that he would “never” consent to the proceedings, nor consent to be 4 We employ the same standard for determining whether a defendant is voluntarily absent during sentencing and during trial. See Achbani, 507 F.3d at 601.”

Affirmed.

14-1034 & 14-1153 U.S. v. Velazquez

Appeals from the United States District Court for the Northern District of Illinois, Zagel, J., Tinder, J.

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