Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: United States of America v. Kelton Snyder

Case No.: 16-3779

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Focus: Abuse of Discretion

On appeal Snyder argues there is insufficient evidence to show a “reasonable likelihood” that Mars would have communicated with a federal officer if she had not been murdered. We review the sufficiency of the evidence by asking whether, “viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Resnick, 823 F.3d at 893, citing Jackson, 443 U.S. at 319 (emphasis omitted).

Taken together, the evidence does not support a reasonable likelihood that Mars would have communicated with a federal officer if she had not been murdered. Without the murder, it is unlikely the Circle K robbery would have been prosecuted in federal court. And although federal officers may have assisted with a state prosecution, there is insufficient evidence to find a reasonable likelihood that any federal officer would have assisted in a capacity where he would have communicated with eyewitnesses.

The judge considered the § 3553(a) factors at length during Snyder’s sentencing hearing. He discussed the nature and circumstances of Snyder’s crimes, as well as Snyder’s history and characteristics. See § 3553(a)(1). The judge also considered Snyder’s ability to rehabilitate but concluded that it was un‐ likely given Snyder’s recurring violent behavior.

To be clear, in many cases it would be substantively unreasonable to give a life sentence under § 924(c) for brandishing a firearm in the course of a crime of violence. But it is not un‐ reasonable here, where the statutory maximums for the other two counts of conviction (twenty years for the Hobbs Act robbery and ten years for being a felon in possession) would not have allowed the court to take sufficient account of Snyder’s role in the murder of Paige Mars. Congress authorized life sentences under § 924(c)(1)(A)(ii). This is an unusual case where the sentencing judge was justified in using the full statutory range. The court did not abuse its discretion.

Reversed and Vacated in part. Affirmed in part

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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.