Sentencing Guidelines

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7th Circuit Court of Appeals

Case Name: United States of America v. Deandre Enoch

Case No.: 16-1546

Officials: RIPPLE, MANION, and ROVNER, Circuit Judges.

Focus: Sentencing Guidelines

The government charged Deandre Enoch with robbing a person having custody of property belonging to the United States, under 18 U.S.C.  § 2114(a) and brandishing a firearm in relation to a crime of violence, under 18 U.S.C.  § 924(c)(1)(A)(ii)1.  He pleaded guilty to both counts but reserved his right to file an appeal disputing the district court’s ruling that the former offense qualified as a crime of violence, thus rendering his brandishing a gun in connection with that offense a separate crime punishable under 18 U.S.C.  §924(c).  Moreover, § 924(c)(1)(D)(ii) of that same statute requires that a court impose a consecutive sentence upon a defendant who carries a firearm in relation to a crime of violence.  Consequently, Enoch’s sentence increased significantly because the court considered the conviction under § 2114(a) to be a crime of violence which mandated the imposition of the consecutive sentence.  Enoch now disputes that this underlying crime was a crime of violence. The district court concluded that it was, and sentenced Enoch to 24 months on Count 1 and a consecutive 84 months on Count 2. Enoch appeals, and we affirm.

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.