Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Thomas Brooks, II

Case No.: 22-2764

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

Focus: Sentencing Guidelines

Thomas Brooks, II pleaded guilty to possessing a firearm as a convicted felon. The incident unfolded when Brooks, upon encountering police officers waiting outside an apartment complex to arrest him for several outstanding warrants, attempted to flee. During the pursuit, Brooks discarded a loaded firearm and an extended magazine into the grass, which were later retrieved by the police upon his apprehension.

Before sentencing, the United States Probation Office compiled a Presentence Investigation Report, which determined an offense level of 19 and assigned a criminal history category VI, resulting in an advisory guidelines range of 63 to 78 months in prison. Brooks contested the application of a two-level enhancement for reckless endangerment, arguing that his actions did not pose a substantial risk of serious bodily harm. However, the district court disagreed and applied the enhancement as stipulated.

On appeal to the Seventh Circuit, Brooks raised three challenges to his sentence: the application of the reckless endangerment enhancement while fleeing from police, the district court’s failure to address one of his primary mitigation arguments, and the decision to impose a sentence above the Guidelines range. The Court of Appeals upheld the district court’s decision, determining that there was no error in applying the enhancement, that the district court adequately considered Brooks’s mitigation arguments, and that it provided a satisfactory explanation for the sentence exceeding the Guidelines range.

Affirmed.

Decided 04/30/24

Full Text