Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Keenan Seymour

Case No.: 23-1236

Officials: Flaum, Easterbrook, and Pryor, Circuit Judges.

Focus: Sentencing Guidelines

Seymour, a member of the Latin Dragon Nation street gang pleaded guilty to a charge under the Racketeer Influenced and Corrupt Organizations Act (RICO). Seymour received a sentence of 180 months’ imprisonment, below the recommendation of the Sentencing Guidelines. He appealed for re-sentencing on three grounds: (1) disputing certain factual findings, (2) contesting his accountability for a murder, and (3) noting the court’s failure to address unwarranted sentencing disparities.

The Seventh Circuit upheld the district court’s ruling. It stressed Seymour’s active involvement in the gang and his awareness of its rules. The court found Seymour’s challenges to the factual findings unconvincing, stating that the record provided ample evidence to support them. Additionally, it rejected Seymour’s argument regarding the court’s attribution of a murder to him, reasoning that the murder was foreseeable given his involvement in gang activities. Regarding the issue of sentencing disparities, the court concluded that the district court adequately addressed this matter during sentencing.

Ultimately, the court deemed Seymour’s 180-month sentence, which fell below the Guidelines, to be substantively reasonable and affirmed the district court’s judgment.

Affirmed.

Decided 03/05/24

Full Text