Evidence-Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Anthony Bender, Jr.

Case No.: 23-1878

Officials: Rovner, Brennan, and Pryor, Circuit Judges.

Focus: Evidence-Sentencing Guidelines

Anthony Bender, Jr. was convicted of unlawful possession of a firearm, resulting in a 96-month prison sentence. The conviction arose from an incident where Bender fled a traffic stop and was observed by an officer pulling a handgun from his sweatpants and discarding it. Although the dashboard camera footage did not capture the gun, it recorded the sequence of events. Bender contested the government’s conduct during the trial, questioned the jury’s credibility, and challenged the judge’s sentencing decision.

On appeal, Bender raised three main points: alleging the government’s failure to disclose specific video evidence violated due process, contending that the disclosed video contradicted the arresting officer’s testimony, and arguing that his sentence was unreasonable. However, the court found no merit in these arguments and upheld Bender’s conviction and sentence.

The court ruled that the government had not violated due process by withholding footage from another squad car, as it simply did not exist and therefore couldn’t have depicted the gun on the ground. Additionally, the court determined that although the evidence of possession relied solely on the officer’s testimony, it was not beyond the realm of possibility, and thus the jury’s credibility in accepting it was justified. Lastly, Bender’s sentence, falling below the recommended guidelines range, was considered reasonable and not unduly harsh.

Affirmed.

Decided 03/07/24

Full Text