Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Joseph Wilcher

Case No.: 22-1400

Officials: Sykes, Chief Judge, and Brennan and Pryor, Circuit Judges.

Focus: Sentencing Guidelines

Wilcher, the defendant, faced charges of attempted enticement of a minor and travel with the intent to engage in illicit sexual activity. His conviction stemmed from crossing state lines to meet someone he believed to be a fifteen-year-old girl, who, unbeknownst to him, was actually an undercover federal agent. The Central District of Illinois handed down a sentence, involving a custodial prison term and a term of supervised release. However, during the sentencing, the court solely emphasized the gravity of the offense and failed to address any of Wilcher’s presented arguments for mitigation.

Upon appeal, court determined that the district court had erred in its sentencing approach. The appellate court ruled that relying solely on the seriousness of the offense, including for the term of supervised release, was inappropriate. The court emphasized that the severity of the offense should not be a factor in determining the term of supervised release. Furthermore, the appellate court found that the district court had neglected to consider Wilcher’s primary arguments for mitigation. Consequently, the appellate court asserted that the district court’s failure to adequately explain the sentence hindered a meaningful appellate review.

In response, the Seventh Circuit annulled Wilcher’s sentence and ordered a complete resentencing hearing upon remand. The court specified that, during this process, the district court was prohibited from factoring in the seriousness of the offense when determining the term of supervised release. Instead, the court mandated that Wilcher’s principal mitigation arguments be taken into account for a fair and comprehensive reconsideration of the sentence.

Vacated and remanded.

Decided 01/25/24

Full Text