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Abuse of Discretion – Sentencing

By: Derek Hawkins//September 9, 2019//

Abuse of Discretion – Sentencing

By: Derek Hawkins//September 9, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Ivan Brazier; et al.

Case No.: 16-4258; 17-1060; 17-1412; 17-2268; 17-2269

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

Focus: Abuse of Discretion – Sentencing

In the early hours of September 8, 2015, in South Bend, Indiana, appellants Ivan Brazier, Derek Fields, and Lindani Mzembe kidnapped, shot, and ruthlessly beat Adrian Harris as he left his home. Charged with federal kidnapping and firearms crimes, the three defendants were tried and sentenced separately, but their appeals have been consolidated. The defendants do not challenge their convictions for the underlying crimes of kidnapping or holding Harris for ransom, and the two defendants convicted of being felons in possession of firearms do not challenge those convictions. Defendants Fields and Mzembe were also convicted and sentenced under 18 U.S.C. § 924(c) for using and discharging firearms during a crime of violence. The district court complied with circuit law applicable at the time of its decisions. Later decisions by the Supreme Court and this court, however, require us to reverse Fields’ and Mzembe’s convictions and sentences under § 924(c). We also conclude both of their cases should be remanded for resentencing. Those defendants have raised other challenges to their sentences that either are moot in light of our decision on the § 924(c) charges or fail to show any error or abuse of discretion by the district court. We also affirm Brazier’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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