Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name:  United States of America v. Marcus C. Durham

Case No.: 18-3283

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

Focus: Sentencing Guidelines

Marcus Durham received a 35-year sentence for a federal drug offense that was later reduced to 20 years due to subsequent amendments to the Sentencing Guidelines. Upon regaining his liberty, however, Durham violated the terms of his supervised release, including by committing a domestic battery. The district court sentenced him to 30 months’ imprisonment for these violations—about twice the high end of the guidelines advisory range. In imposing this sentence, the district court emphasized the gravity of Durham’s abuse of his ex-girlfriend. Durham contends that the 30-month sentence is too long and the product of the district court effectively penalizing him for benefiting from the amendments to the guidelines that reduced his original sentence. Having taken our own fresh look at the sentencing transcript, we see no errors and therefore 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.