Tuesday, October 25, 2011
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In US v. Barnes and Taylor (ND Ind., Springmann), a 23-page opinion, Judge Flaum writes:
Upon re-sentencing, a district court judge respectively sentenced Marlyn Barnes and Melvin Taylor to 292 months and 188 months of imprisonment for conspiring to possess with intent to distribute more than five kilograms of cocaine. In a successive appeal before this Court, Barnes and Taylor challenge those sentences. They argue that, in light of the Supreme Court’s recent decision in Pepper v. United States, 131 S. Ct. 1229 (2011), the district court did not properly entertain new arguments when it re-sentenced them. They also advance that the district court abused its discretion by re-sentencing them to the same number of months to which it sentenced them originally. Notably, these new sentences remain within Guideline range.
We affirm the judgment of the district court.
Posted by Marcia Oddi on October 25, 2011 12:20 PM
Posted to Ind. (7th Cir.) Decisions