Sentencing Guidelines

By: Derek Hawkins//October 7, 2019//

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7^th Circuit Court of Appeals

Case Name: Todd R. Chazen v. Matthew Marske

Case No.: 18-3268

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

Focus: Sentencing Guidelines

A federal jury in Minnesota convicted Todd Chazen of possessing a firearm following a prior felony conviction. The district court then sentenced Chazen pursuant to the Armed Career Criminal Act, which mandates a minimum 15-year sentence for a defendant who unlawfully possesses a firearm and has three prior convictions for a serious drug offense or violent felony. After an unsuccessful direct appeal and petition for post-conviction relief under 28 U.S.C. § 2255, Chazen turned to 28 U.S.C. § 2241 and sought a writ of habeas corpus, arguing that the application of a recent Supreme Court decision shows he no longer qualifies as an armed career criminal and is entitled to a lesser sentence. The district court agreed and granted habeas relief. We affirm.

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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