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Plea and Sentencing – Sentencing Guidelines

By: Derek Hawkins//April 4, 2018//

Plea and Sentencing – Sentencing Guidelines

By: Derek Hawkins//April 4, 2018//

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7th Circuit Court of Appeals

Case Name: United States of America v. Walker L. Hampton

Case No.: 16-4094

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

Focus: Plea and Sentencing – Sentencing Guidelines

Walker Hampton was caught breaking into a trucking business and later confessed to robbing a nearby post office as well. He was charged in a four-count indictment. He then entered a conditional guilty plea and was sentenced to 132 months’ imprisonment. Hampton reserved his right to appeal two issues that he now presents, arguing: (1) that robbing a person in lawful custody of United States property, see 18 U.S.C. § 2114(a), is not a “crime of violence” under 18 U.S.C. § 924(c), and (2) that his motion to suppress his recorded confession should have been granted because he was questioned after he invoked his right to counsel. We affirm the judgment because Hampton’s first argument is foreclosed by our precedent, and his second is meritless because Hampton did not clearly express a present desire to consult with counsel before talking with law enforcement.

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.

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