Sentencing – Sentence Reduction

By: Derek Hawkins//June 13, 2017//

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7^th Circuit Court of Appeals

Case Name: Charles B. Douglas v. United States of America

Case No.: 17-1104

Officials: EASTERBROOK, SYKES, and HAMILTON, Circuit Judges

Focus: Sentencing – Sentence Reduction

Charles Douglas pleaded guilty to possessing a firearm, which his earlier felony convictions made it illegal for him to have. 18 U.S.C. §922(g)(1). He was sentenced to 110 months after the district judge found that at least 3 of Douglas’s 16 other felony convictions were “violent felonies” as defined by the Armed Career Criminal Act, 18 U.S.C. §924(e). After the Supreme Court held the residual clause of §924(e)(2)(B)(ii) unconstitutionally vague, Samuel Johnson v. United States, 135 S. Ct. 2551 (2015), Douglas filed a motion under 28 U.S.C. §2255, asking the district court to reduce his sentence. But the judge concluded that Douglas is properly classified as an armed career criminal.

Affirmed

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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.

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