Sentencing Guidelines

By: WISCONSIN LAW JOURNAL STAFF//June 20, 2023//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Elvin Saldana-Gonzalez

Case No.: 22-1289

Officials: Wood, Brennan, and Scudder, Circuit Judges.

Focus: Sentencing Guidelines

Elvin Saldana-Gonzalez was convicted of unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced him to an above-guidelines term of 78 months in prison. On appeal, Saldana-Gonzalez challenges the sentence on procedural and substantive grounds.

The Seventh Circuit rejected Defendant’s claim that the sentence was substantively unreasonable as it “failed to address his offense conduct, juvenile history, and the general lack of evidence surrounding deterrence.” The court noted that the district court adequately considered Defendant’s upbringing within the context of the offense, and that Section 3553(a)(2)(B) specifically permits judges to consider general deterrence when sentencing.

Affirmed.

Decided 06/14/23

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