By: Derek Hawkins//February 27, 2018//
7th Circuit Court of Appeals
Case Name: United States of America v. Teovonni Cunningham
Case No.: 16-3543
Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.
Focus: Sentencing Guidelines
Teovonni Cunningham pleaded guilty to one count of conspiracy to possess stolen firearms and ammunition, in violation of 18 U.S.C. §§ 371 and 922(j); one count of possession of stolen firearms and ammunition, in violation of § 922(j); and one count of possession of firearms by a felon, in violation of § 922(g)(1). The district court sentenced him to 60 months on the conspiracy count, 12 months on the § 922(j) count, and 116 months on the felon‐in‐possession count, all to run consecutively; his total sentence, therefore, was 188 months’ imprisonment. Mr. Cunningham appeals his sentence, contending that the district court’s limitation on his presentation of character witness testimony at sentencing violated Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) and that the resulting sentence is substantively unreasonable.
We affirm the judgment of the district court. Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) does not govern the calling of character witnesses at sentencing, and the district court did not abuse its discretion in its consideration of Mr. Cunningham’s mitigation evidence. The sentence imposed was the product of the district court’s careful and compassionate consideration of all the evidence in this very difficult sentencing situation. Accordingly, we affirm its judgment.
Affirmed