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Thursday, December 02, 2010

Ind. Decisions - 7th Circuit issues one Indiana opinion today

In U.S. v. Corona-Gonzalez (SD Ind., J. Hamilton), a 14 page opinion, Judge Ripple writes:

Juan Corona-Gonzalez seeks review of a sentence imposed by the United States District Court for the Southern District of Indiana. A jury found Mr. Corona-Gonzalez guilty of possession with intent to distribute, and distribution of, 500 grams or more of a mixture containing a detectable amount of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. The district court sentenced him to 240 months’ imprisonment on each of Counts I and II, to run concurrently, and 60 months’ imprisonment on Count III, to be served consecutively, for a total of 300 months’ imprisonment. The court also imposed a term of five years of supervised release. Because the district court misapprehended a significant aspect of Mr. Corona- Gonzalez’s record at the time it imposed the sentence, we must reverse the judgment of the district court and remand the case to permit the district court to determine whether, without that misapprehension, it would have imposed a different sentence.

Posted by Marcia Oddi on December 2, 2010 10:13 AM
Posted to Ind. (7th Cir.) Decisions