Sixth Amendment Violation

By: Derek Hawkins//July 29, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Claudius L. Fincher

Case No.: 18-2520

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

Focus: Sixth Amendment Violation

Claudius Fincher possessed a firearm; that much is certain. The questions raised in this appeal are whether the district court clearly erred by finding Fincher’s possession of the firearm was “in connection with” his drug offense, and whether resolving that factual question at sentencing without a jury determination violated the Sixth Amendment. Due to finding Fincher possessed the gun in connection with his drug offense, the court held Fincher was ineligible for safety‐valve relief and sentenced him to the mandatory minimum sentence of five years. For the reasons stated below, we affirm the district court’s sentence.

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.

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