Sentencing Guidelines – Supervised Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Shawn A. Lee

Case No.: 19-1300

Officials: BAUER, MANION, and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines – Supervised Release

Shawn Lee sold a staggering amount of ice methamphetamine in Central Illinois from early 2015 until his arrest in January 2018. He now appeals his sentence after pleading guilty to one count of possessing 50 grams or more of methamphetamine with intent to distribute and one count of possessing firearms in furtherance of a drug trafficking crime. Lee contends he should not have received two extra criminal history points under U.S.S.G. § 4A1.1(d) for dealing methamphetamine while on supervision for a drunk driving offense. He also challenges the district judge’s imposition of a fine and a term of supervised release that will prohibit him from interacting with known felons unless he receives the probation officer’s permission. Because this supervision term violates the rule against delegating Article III power, we vacate the condition and remand for reassessment. We affirm on all other grounds.

Vacated and remanded in part. Affirmed 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.