Sentencing-Mitigation Arguments

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jason Price

Case No.: 22-2061

Officials: Hamilton, Brennan, and Jackson-Akiwumi, Circuit Judges.

Focus: Sentencing-Mitigation Arguments

In 2011, Price pleaded guilty to the crime of being a felon in possession of a firearm and was subsequently sentenced under the Armed Career Criminal Act (ACCA) to 15 years of imprisonment in high-security facilities. Price, who identified as a gay man before transitioning and later as a transgender woman, faced numerous instances of violence from other inmates during her incarceration, leading to multiple hospitalizations. Price was transferred several times to better address her security and programming needs and spent a significant portion of her time in a special housing unit. This was sometimes for her protection but often as a disciplinary measure, as she believed she had to fight and maintain a tough demeanor to ensure her safety. Over time, her sentence was reduced, and upon her release, she secured full-time employment and engaged in substance abuse therapy.

Unfortunately, Price’s journey faced setbacks as she lost her placement at a halfway house due to rule infractions, started using drugs, missed drug tests, and ultimately fled after being involved in a violent incident. In 2022, Price was arrested in Iowa by the U.S. Marshals.

During her supervised release revocation hearing, the court recognized the potential risks to Price and imposed a prison sentence slightly below the statutory maximum. Furthermore, the court recommended that the Bureau of Prisons take into consideration Price’s safety and gender transition when determining her placement within the correctional facility. The Seventh Circuit upheld her 18-month sentence, affirming that the district court had duly considered Price’s unique vulnerability.

Affirmed.

Decided 10/23/23

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