Sentencing Guidelines – Revocation

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7^th Circuit Court of Appeals

Case Name: United States of America v. Shawn Karst

Case No.: 18-3675

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

Focus: Sentencing Guidelines – Revocation

Leaving an untouched pizza on the table, Shawn Karst exited a restaurant with two men who wore Mesticas motorcycle club vests. The three drove off on their bikes, and a few minutes later one of the two men with Karst pulled the trigger in a drive‐by shooting. At the time, Karst was on supervised release. Authorities petitioned for Karst’s revocation, but the request traveled a bumpy road. The magistrate judge vacated the petition after finding the evidence presented did not show probable cause to believe Karst violated the release conditions. The district judge quickly reinstated the proceedings. He later held a final hearing at which release was revoked, and Karst received 30 more months of imprisonment.

On appeal Karst challenges the lack of a preliminary hearing on the reinstated revocation petition, whether the district court provided him with adequate notice of his allegedly violative conduct, and the district court’s failure to consult the sentencing guidelines when deciding his revocation term. For these reasons, we AFFIRM IN PART, REVERSE IN PART, and REMAND for further proceedings. We see no grounds for Karst’s call to reassign this case under Circuit Rule 36, so we decline that request.

Affirmed in part. Reversed and remanded in part.

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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.