Monday, March 07, 2011
Ind. Decisions - Two Indiana opinions today from 7th Circuit
From US v. Avila (SD Ind., Hamilton), a 6-page, per curiam opinion:
The issue in this successive appeal is whether the district court on remand could correct a previously undetected factual error in its drug quantity finding that had favored the defendant, Martin Avila. During the first appeal, Avila successfully argued that the district court sentenced him using an offense level that did not correspond to the original drug quantity finding, so we remanded for resentencing. See United States v. Avila, 557 F.3d 809 (7th Cir. 2009). At resentencing, the district judge corrected the understatement in the drug quantity attributable to the defendant, recalculated the guidelines range using the correct offense level, and sentenced him to 365 months’ imprisonment, 31 months below the original sentence. Avila now argues that the district court violated the crossappeal rule by basing the new sentence on evidence that, although part of the original trial record, was not relied upon at the first sentencing hearing. Because the court did not violate the cross-appeal rule and acted within the scope of our remand, we affirm his sentence.In US v. Brown (SD Ind., Hamilton), an 8-page opinion, Judge Kanne writes:
William Travis Brown was convicted in federal district court of one count of possession of child pornography and one count of transportation of child pornography. The court issued Brown a belowguidelines sentence of 240 months’ imprisonment. Brown appeals his sentence, arguing that the district court improperly applied a sentence enhancement under U.S.S.G. § 2G2.2(b)(3)(B) and that it did not consider the relationship between Brown’s sentence and sentences imposed for other serious sexual crimes against children. We reject Brown’s arguments and affirm his sentence.
Posted by Marcia Oddi on March 7, 2011 12:54 PM
Posted to Ind. (7th Cir.) Decisions