Sentencing Guidelines

By: Derek Hawkins//August 17, 2020//

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7^th Circuit Court of Appeals

Case Name: Tyrus McNair v. United States of America

Case No.: 18-2541

Officials: EASTERBROOK, ROVNER, and SCUDDER, Circuit Judges.

Focus: Sentencing Guidelines

When Tyrus McNair was sentenced in 2003 for a serious drug crime, the district court calculated his range under the Sentencing Guidelines at 324 to 405 months and sentenced him to 360 months. Calculation of the range was uncontested except for one thing: McNair was placed in Criminal History Category II as a result of a 1992 conviction in Indiana for driving without a license. He asserted that this conviction is invalid and that he should be in Category I, which would have produced a range of 292 to 365 months. The district court declined to entertain a collateral attack on the state conviction, see Custis v. United States, 511 U.S. 485 (1994), and used the 324 to 405 month range. We affirmed. No. 03-3034 (7th Cir. Jan. 8, 2004) (nonprecedential disposition).

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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