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Abuse of Discretion – Subject-matter Jurisdiction

By: Derek Hawkins//April 20, 2020//

Abuse of Discretion – Subject-matter Jurisdiction

By: Derek Hawkins//April 20, 2020//

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7th Circuit Court of Appeals

Case Name: United States of America v. Monique S. Bowling

Case No.: 19-2110

Officials: BRENNAN, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Abuse of Discretion – Subject-matter Jurisdiction

Monique Bowling purchased over $1.3 million worth of computer equipment on the City of Gary, Indiana’s vendor accounts and then sold the devices for cash, leaving the city to foot the bill. This all occurred at a time when the City of Gary was already in dire financial condition. The grand jury returned an indictment against Bowling for theft from a local government that received federal funds, 18 U.S.C. § 666. A jury convicted Bowling of the charge and the district court sentenced her to 63 months in prison. On appeal, Bowling contends that the district court lacked subject-matter jurisdiction, abused its discretion in admitting certain testimony, and erred in enhancing her sentence for obstructing justice through her malingering. We affirm the conviction and 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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