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Monday, December 15, 2008

Ind. Decisions - One from 7th Circuit today, and a withdrawal

In U.S. v. James Ray (ND Ind., CJ Miller) Jackson, an 8-page opinion, Judge Coffey writes:

After James Jackson violated the terms of his supervised release resulting from two drunk driving arrests, the district court proceeded to revoke his release status and ordered him returned to prison. Jackson challenges the length of the prison term imposed after revocation of supervised release, arguing that the district court erred in determining that a felony DWI is a crime of violence. See U.S.S.G. ยง 7B1.1(a). Because the district court made clear that it would have imposed the same prison term upon him regardless of whether his DWI was classified as a crime of violence or not, we affirm.
Also today, re its opinion in Lloyd v. Swifty Transportation, issued Friday (see ILB entry here), the panel issues this one-page, one-line ruling:
The opinion of this court issued on December 12, 2008, is WITHDRAWN and the judgment is VACATED. This matter remains under advisement.

Posted by Marcia Oddi on December 15, 2008 12:50 PM
Posted to Ind. (7th Cir.) Decisions