Pleas & Sentencing – Revocation

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Criminal

7^th Circuit Court of Appeals

Officials: RIPPLE, KANNE and TINDER, Circuit Judges

Pleas & Sentencing – Revocation

No. 14-2419 United States of America v. Montrell DuPriest

Court not required to consider 18 U.S.C. §3553(a) factors in “checklist” form before resentencing defendant.

“It is well-established that a district court “need not consider the § 3553 factors in check-list form.” Jones, 774 F.3d at 404. Instead, a district court need only provide an adequate explanation for its reasons—based on the sentencing factors found in § 3553(a)—in issuing its sentence. Here, the district court did just that. It found the seriousness of the underlying offense, possession of a firearm by a felon, to be a significant factor in its sentencing decision. It is also found the inability of DuPriest to learn from his “prior encounters with the criminal justice system” and to “conform” his “conduct” to the “requirements of the law” to be equally significant. Judge Stadtmueller should know, as this was the third time that he had the opportunity to sentence DuPriest.”

Affirmed.

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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.