Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Thomas Cureton

Case No.: 15-3575; 15-3581

Officials: EASTERBROOK, KANNE, and HAMILTON, Circuit Judges.

Focus: Sentencing Guidelines

In his third round of appeals, we affirmed defendant Cureton’s convictions and sentences for using a firearm during a crime of violence and related crimes. 845 F.3d 323 (7th Cir. 2017). The Supreme Court granted certiorari, vacated, and remanded for reconsideration in light of Dean v. United States, 581 U.S. —, 137 S. Ct. 1170 (2017), which disapproved our circuit precedents such as United States v. Roberson, 474 F.3d 432 (7th Cir. 2007), barring judges sentencing defend‐ ants under 18 U.S.C. § 924(c) and other crimes from considering the mandatory minimum sentence under § 924(c) when deciding the sentences for other crimes. The Dean issue had not been raised in any of Cureton’s three sentencings, in his two earlier appeals, or in his briefs to this court in these appeals.

In our reviews of § 924(c) sentences imposed before Dean was decided, we have looked in the district court records for reliable signals as to whether the sentences were constrained by the Roberson rule. If it was clear that the sentence was not constrained by Roberson, we have simply affirmed the sentence.

That total sentence used the bottom of the guideline range for the crack cocaine charges and the mandatory minimum 84 months on the § 924(c) charge. Yet each round of sentencing has included the statutory maximum 240 months for the ransom demand, signaling that the judges were not inclined to reduce the sentence for that predicate crime. Also, the 360 months of non‐924(c) sentences take into account several very serious crimes. Finally, in the course of all three sentencings, including the opportunity to reduce the sentence after the initial remand, neither the original sentencing judge nor the judge on remand has given any sign that he felt constrained.

Under these circumstances, a limited Paladino remand should suffice. We order a limited remand so that the district court can determine whether it would have imposed the same sentence on Cureton, knowing that in light of Dean, it may consider the mandatory sentence under § 924(c) when deciding the sentences for other crimes, or whether the court wishes to have a new opportunity to exercise its discretion and judgment in a complete resentencing. We shall retain jurisdiction over these appeals pending the district court’s response.

Remanded

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