Resentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Douglas D. Jackson, et al. 

Case No.: 15-3693; 14-2898

Officials: RIPPLE, KANNE, and ROVNER, Circuit Judges.

Focus: Resentencing

In United States v. Cardena, 842 F.3d 959 (7th Cir. 2016), we held that 18 U.S.C. § 924(c)(3)(B)— which partially defines “crime of violence” for § 924—is unconstitutionally vague. On February 24, 2017, we relied on Cardena to vacate Antwon Jenkins’s conviction under § 924(c)(1)(A)(ii). United States v. Jenkins, 849 F.3d 390, 394 (7th Cir. 2017). We vacated Douglas Jackson’s conviction under the same statutory provision on August 4, 2017. United States v. Jackson, 865 F.3d 946, 954 (7th Cir. 2017). Those opinions provide a summary of the underlying conduct and procedure that brought the appeals before us.

In accordance with our February 24, 2017, opinion, we VACATE Jenkins’s conviction for using or carrying a firearm to commit a federal crime of violence and REMAND for resentencing. 849 F.3d at 395. Likewise, we VACATE Jackson’s conviction for using or carrying a firearm to commit a federal crime of violence and REMAND for resentencing. 865 F.3d at 956. And, for the reasons expressed in our August 4, 2017, opinion, we also VACATE and REMAND for resentencing without the organizer or supervisor adjustment under U.S.S.G. § 3B1.1. Id. at 954–56.

Vacated and remanded

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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.