By: Derek Hawkins//November 4, 2015//
Criminal
7th Circuit Court of Appeals
Officials: POSNER, KANNE, Circuit Judges, and DARRAH, District Judge.
Pleas & Sentencing – Resentencing
No. 14-2368 United States of America v. Alexsis Garcia
District court imposition of sentence significantly above the guideline range was court error.
“The Government has conceded that the case must be remanded for a new sentencing hearing on the imposition of the conditions for supervised release. “[S]entencing judges should impose conditions of supervised release which are (a) appropriately tailored to the defendantʹs offense, personal history and characteristics; (b) involve no greater deprivation of liberty than is reasonably necessary to achieve the goals of deterrence, protection of the public, and rehabilitation; and (c) sufficiently specific to place the defendant on notice of what is expected.” United States v. Parrish Kappes, 782 F.3d 828, 847–48 (7th Cir. 2015). Further, “a sentencing court must justify the conditions and the length of the term at sentencing by an adequate statement of reasons, reasonably related to the applicable § 3553(a) factors.” Id. at 845 (citing United States v. Bryant, 754 F.3d 443, 445 (7th Cir. 2014)).”
Remanded for resentencing