Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: Ryan McMullen v. Gary Dalton

Case No.: 20-3273

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

Focus: Sentencing Guidelines

McMullen was found guilty of possessing cocaine and marijuana under Indiana law. As they prepared for sentencing, McMullen’s attorney, Lewis, admitted to not making significant efforts to gather mitigating evidence and instead relied heavily on the Pre-Sentence Report (PSR), despite being aware of McMullen’s troubled background. Lewis did not explore the option of having a mental health professional evaluate McMullen. Consequently, McMullen received a 50-year sentence, primarily due to his prior criminal record. The state courts rejected McMullen’s claim of ineffective legal representation, and his federal habeas petition under 28 U.S.C. 2254 was denied by the district court.

However, the Seventh Circuit Court vacated the decision. Although in 2021, an Indiana trial court modified McMullen’s sentence and placed him on probation, the matter remained relevant. The Indiana Court of Appeals’ ruling ran contrary to the principles established in the “Strickland” case. Given that the state was seeking the maximum prison term allowed by law, Lewis’s investigation should have extended beyond simply relying on the PSR and conversing with a relative. The state appellate court failed to thoroughly assess all available mitigating evidence, which was substantial and compelling.

Upon remand, the district court must carefully examine the evidence and arguments concerning whether Lewis had any strategic reasons for the limited extent of his investigation into McMullen’s mental health and background, as well as the presentation of mitigating circumstances.

Vacated and Remanded.

Decided 10/04/23

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