Revocation – Irrevocable Commitment

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Criminal

7th Circuit Court of Appeals

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges

Revocation – Irrevocable Commitment

No.15-1425 United States of America v. Michael Dill

Judge prepared sentencing decision in preparation of revocation hearing not considered an irrevocable commitment.

“As Dill points out, we have cautioned district judges not to predetermine the appropriate punishment before convening a revocation hearing. See United States v. Smith, 770 F.3d 653, 655 (7th Cir. 2014); United States v. Tatum, 760 F.3d 696, 697 (7th Cir. 2014). District judges must approach revocation and sentencing hearings with an open mind and consider the evidence and arguments presented before imposing punishment. See United States v. Pulley, 601 F.3d 660, 665 (7th Cir. 2010); United States v. Pless, 982 F.2d 1118, 1129 (7th Cir. 1992). At the same time, a judge who begins the hearing without any preliminary idea of appropriate sanctions is probably not prepared. Having such an idea does not disable the judge from making the sentencing decision. See Pulley, 601 F.3d at 665; Pless, 982 F.2d at 1129–30; see also Fleenor v. Farley, 47 F. Supp. 2d 1021, 1052–53 (S.D. Ind. 1998) (sentencing judge’s statement to counsel at start of hearing that he was leaning toward imposing death sentence meant that judge was prepared, not that he had made up his mind unalterably), aff’d, 171 F.3d 1096 (7th Cir. 1999).”

Affirmed

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