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Sentencing Guidelines

By: Derek Hawkins//November 25, 2019//

Sentencing Guidelines

By: Derek Hawkins//November 25, 2019//

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7th Circuit Court of Appeals

Case Name: James B. Hanson v. United States of America

Case No.: 18-1149

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Focus: Sentencing Guidelines

Following a six-year investigation into a methamphetamine operation, James Hanson was indicted on May 5, 2009, with conspiracy to manufacture, distribute, and possess with intent to distribute methamphetamine in excess of 500 grams. The Government established Hanson’s three prior drug offenses and Kentucky felony third-degree residential burglary conviction. On December 10, 2009, Hanson pleaded guilty pursuant to a plea agreement. Per the agreement, the government listed only one prior felony drug conviction under 21 U.S.C. § 851, instead of all three potentially qualifying convictions, and relied in part on Hanson’s prior burglary conviction for a lesser recommended sentencing range under the Guidelines.

In the Presentence Investigation Report (“PSR”), the Probation Officer calculated Hanson’s total offense level as 34, with a criminal history of VI, for a Sentencing Guidelines range of 262 to 327 months. U.S.S.G. § 4B1.1(c)(3). After conducting a sentencing hearing where the district court heard from both parties, the district court adopted the PSR, sentencing Hanson to 262 months in prison followed by ten years of supervised release. On appeal, Hanson challenges the district court’s denial of his collateral challenge to his sentence under 28 U.S.C. § 2255. We conclude that the district court did not commit any reversible errors and 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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