Pleas & Sentencing – Enhancements

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Criminal

7th Circuit Court of Appeals

Officials: MANION, WILLIAMS, and SYKES, Circuit Judges.

Pleas & Sentencing – Enhancements

No. 13-2974; No. 13-2882

United States of America v. Rahshone Burnett

District court did not error by providing penalty enhancers to appellant’s sentence.

“Burnett’s argument fails for a more fundamental reason as well. The district court recognized that while there was some overlap in the facts that formed the bases of both enhancements, it reasoned, properly, that the two enhancements punished different aspects of Burnett’s conduct. The district court applied the vulnerable victim enhancement because the victims were minors. It then applied the abuse of trust enhancement not only for Burnett’s abuse of the trust placed in him as the minors’ guardian and family member, but also for abusing the trust that the probate court placed in him when that court appointed him to be the minors’ guardian. The two enhancements here punished different conduct, and there was no impermissible double counting. “

Full Text

Affirmed.

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.