Sentencing – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: United States of America v. Harold Lacy

Case No.: 15-2740

Officials: BAUER and HAMILTON, Circuit Judges, and PETERSON, District Judge.

Focus: Sentencing – Abuse of Discretion

Appellants raider of right to appeal sentence warrants dismissal of appeal filed to combat lengthy federal sentence.

“The waiver’s broad sweep includes the substantive issue that Lacy raises here: whether the district court abused its discretion in imposing a consecutive sentence. The sentence Lacy received falls plainly within the statutory maximum, which would have been 30 years in light of Lacy’s criminal history. Lacy’s argument runs head‐on into our decision in United States v. Aslan, 644 F.3d 526, 534 (7th Cir. 2011), where we held that the decision to impose a consecutive sentence falls easily within the scope of a similarly worded appeal waiver. We have recognized several due process limitations on appeal waivers, United States v. Adkins, 743 F.3d 176, 192– 93 (7th Cir.), cert. denied, 134 S. Ct. 2864 (2014), but Lacy does not invoke any of those. Because the issue Lacy raises on appeal is within the scope of the waiver he entered, and be‐ cause the appeal does not raise due process concerns, appellate review is barred. Id.”

Appeal Dismissed

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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.