Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Travis Maxfield

Case No: 15-2339

Officials: POSNER, KANNE, and HAMILTON, Circuit Judges.

Focus: Sentencing

Appellant contests sentence for convictions related to distribution of methamphetamine arguing that one of his prior offenses was non-violent in nature.

“Second, Maxfield is incorrect that the court failed to con‐ sider his argument. The district court explicitly considered his request for a downward departure but found no basis for a downward departure under the guidelines. For the first time on appeal, Maxfield points to a policy statement in § 4A1.3(b)(1), but § 4A1.3(b)(1) allows a downward depa ture if the defendant’s criminal history category is substantially overrepresented. Maxfield questions only the reasonable‐ ness of the 10 point increase in his offense level; he does not argue that his criminal history category is overrepresented. Nor could he, because, as the district court recognized, his criminal history category was VI with or without the career‐ offender status.”

Affirmed

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