Sentencing Restitution Sean A. Nichols appeals from a judgment of conviction for failure to pay child support and an order denying his motion for postconviction relief. Nichols argues that the circuit court did not follow the proper procedures for entering ...

Tagged with: Restitution Sentencing Digest

Sentencing Modification Robert E. Beene appeals a judgment convicting him of one count of substantial battery and one count of intimidating a witness. He also appeals an order denying his motion for sentence modification. He argues that the circuit court’s ...

Tagged with: modification Sentencing Digest

Sentencing Discretion Nathan N. Applings appeals from the judgment of conviction and from the order denying postconviction relief entered in Milwaukee County circuit court case No. 2008CF2979. He also purports to challenge reconfinement orders entered in Milwaukee County circuit court ...

Tagged with: Discretion Sentencing Digest

Sentencing Modification Aramis Matthew Simmons appeals from a judgment of conviction, entered upon his guilty plea, for one count of second-degree sexual assault of a child. See Wis. Stat. § 948.02(2) (2007-08). He also appeals from the order denying his ...

Tagged with: modification Sentencing Digest

Sentencing Modification Jose Antonio Alicea, pro se, appeals an order denying his motion to modify his sentence as untimely. He challenges the DNA surcharge imposed by the circuit court, arguing that the circuit court failed to adequately explain why it ...

Tagged with: modification Sentencing Digest

Sentencing Probation; modification Circuit courts do not have authority to reduce a term of probation because of the defendant’s rehabilitation. “We do not decide today whether circuit courts possess inherent authority to reduce probation periods that have already been imposed ...

Tagged with: modification Probation Sentencing Digest

Sentencing Crack cocaine The Fair Sentencing Act of 2010 is not retroactive. “Like our sister circuits that have considered this issue, see United States v. Gomes, ___ F.3d ___, No. 10-11225, 2010 WL 3810872, at *2 (11th Cir. Oct. 1, ...

Tagged with: Crack cocaine Sentencing Digest

Sentencing Reconfinement Samuel M. Lipsey appeals from an order for reconfinement entered after revocation of his extended supervision and from an order denying his subsequent motion for modification. Lipsey asserts that the circuit court’s order imposing the maximum available time ...

Tagged with: Reconfinement Sentencing Digest

Sentencing Reconfinement Jeremy D. Wall appeals from a reconfinement order entered after the revocation of his extended supervision and from a postconviction order denying his motion seeking a new reconfinement hearing. The issues are whether the circuit court adequately explained ...

Tagged with: Reconfinement Sentencing Digest

Sentencing Restitution; sexual assault; psychiatric care Brandon Johnson appeals from a judgment of conviction for a violation of Wis. Stat. § 940.225(3) (2007-08), an order of restitution and an order denying his postconviction motion challenging, among other things, the order ...

Tagged with: Restitution Sentencing Digest sexual assault

Sentencing Minor participant Where the only evidence in the record is that the defendant transported money on one occasion, it was error for the district court not to consider a minor participant adjustment. “The question here is whether this one-time ...

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Sentencing Illegal reentry; prior conviction; crime of violence Where the parties stipulated that a prior conviction was a crime of violence at sentencing, no further proof is required. “There is no reason to go digging for a state-court indictment if ...

Tagged with: Illegal reentry Sentencing Digest

Sentencing ACCA; prior convictions The trial court erred when it held that a defendant’s prior convictions did not satisfy the requirements of the ACCA, because the knowledge and intent elements of the armed violence conviction at issue presented a serious ...

Tagged with: Eastern District of Wisconsin Sentencing Digest

RICO Lack of supervisory authority; robberies or thefts as predicate acts; sentencing Where a police officer stole drugs and money from drug dealers, his conviction under RICO was appropriate, despite the facts: that he was not an operator or manager ...

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Sentencing Fast-track disparities Sentencing disparities created by fast-track programs can be considered by district court judges in non-fast-track districts when crafting individual sentences. “Congress certainly did not instruct the Commission to link § 5K3.1 to statutory maximums or minimums, cf. ...

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Sentencing Possessing child pornography Michael Jensen appeals a judgment, entered upon his guilty pleas, convicting him of twenty-seven counts of possessing child pornography contrary to Wis. Stat. § 948.12(1m) (2005-06). Jensen argues the trial court erroneously exercised its sentencing discretion ...

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Sentencing DNA surcharge Jose G. Santiago, pro se, appeals an order denying his motion to modify his sentence. He challenges the DNA surcharge imposed by the circuit court, arguing that the court failed to adequately explain why it was imposed. ...

Tagged with: DNA surcharge Sentencing Digest

Sentencing Procedural errors Where the district court announced that it would impose the mandatory minimum sentence during the change of plea hearing, before it knew the advisory guidelines range or had heard either party’s argument regarding the sentence, the sentence ...

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Sentencing Accurate information Christine L. Williams appeals from a judgment convicting her of one count of child neglect resulting in death and three counts of forgery and from an order denying her postconviction motion for resentencing. Williams contends that her ...

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Sentencing Plea agreement breach Christopher Jones appeals the amended judgment convicting him of arson to a building, contrary to Wis. Stat. § 943.02(1)(a) (2007-08). He argues that his attorney was ineffective because the State “materially and substantially breached the plea ...

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Sentencing Misprision of a felony A ten-month sentence, concurrent with a state court sentence is reasonable for misprision of a felony. “The guidelines called for a term of 30-36 months, but under the circumstances I found a lesser term sufficient ...

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Sentencing Controlled substances; firearms A combined 75-month sentence is reasonable for convictions of possession of a firearm as a felon, possession of marijuana with intent to distribute, and possession of a firearm in furtherance of a drug trafficking offense. “Under ...

Tagged with: Controlled substances firearms Sentencing Digest

Sentencing Procedural reasonableness Even though a defendant received a sentence at the bottom of the applicable guideline, he is entitled to resentencing, where the district court referenced numerous irrelevant considerations. “We understand that sentencing is an individual, and at times ...

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