Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: Todd A. D’Antoni v. United States of America

Case No.: 18-1358

Officials: FLAUM, BARRETT, and SCUDDER, Circuit Judges.

Focus: Sentencing Guidelines

Todd D’Antoni received an enhanced sentence under the career-offender provision of the 1990 United States Sentencing Guidelines, based on a prior felony drug conviction and a prior felony “crime of violence” conviction. See U.S.S.G. § 4B1.1 (1990). Relevant here, the provision’s “crime of violence” definition included a residual clause, encompassing any felony “involv[ing] conduct that present[ed] a serious potential risk of physical injury to another.” Id. § 4B1.2(1)(ii). The Guidelines were mandatory as applied to D’Antoni because he was sentenced well before the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 (2005), which held the Guidelines must be advisory to comply with the Constitution.

At issue in this case is whether D’Antoni’s sentence should nevertheless be affirmed because “conspiracy,” “murder,” and “manslaughter” were listed as crimes of violence in the application notes to the 1990 version of § 4B1.2. Our unanimous en banc decision in United States v. Rollins, 836 F.3d 737 (7th Cir. 2016), answers this question: The application notes’ list of qualifying crimes is valid only as an interpretation of § 4B1.2’s residual clause, and because Cross invalidated that residual clause, the application notes no longer have legal force. Accordingly, D’Antoni is entitled to resentencing.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.