Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Ruben Mancillas

Case No.: 17-1254

Officials: BAUER, MANION, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines

A jury convicted Ruben Mancillas of two counts of possessing ammunition as a felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, he raises two challenges to his sentencing: (1) that he was denied the right to represent himself at sentencing; and (2) that the district court applied the wrong base offense level because the Indiana offense of strangulation is not a “crime of violence” for Sentencing Guidelines purposes. We hold that the Indiana offense of strangulation is a crime of violence for Sentencing Guidelines purposes, and thus, the district court did not err in calculating Mancillas’ base offense level. However, we remand for resentencing since the court summarily denied Mancillas’ clear and unequivocal request to represent himself at sentencing and failed to conduct a Faretta colloquy.

Vacated and Remanded

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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.