Sentencing Guidelines

By: Derek Hawkins//May 7, 2018//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Gregory Bethea

Case No.: 17-3468

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

Focus: Sentencing Guidelines

Defendant-appellant Gregory Bethea pleaded guilty to possessing a counterfeit access device in violation of 18 U.S.C. § 1029(a)(1). Due to serious health issues, Bethea appeared via video conference at his combined guilty plea and sentencing hearing where he was sentenced to twenty-one months’ imprisonment. He now argues his sentence should be vacated because Federal Rule of Criminal Procedure 43(a) required him to be physically present during his plea. We agree, and thus reverse and remand for further proceedings.

Reversed 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.

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