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Wednesday, June 13, 2012

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

In U.S. v. Tichenor (SD Ind., Barker), a 22-page opinion, Circuit Judge Flaum writes:

Cristofer Tichenor pleaded guilty to armed robbery and discharging a firearm in connection with robbing a bank. Pursuant to his plea agreement, he retained the right to appeal certain issues, including the applicability of the career offender sentencing guideline at United States Sentencing Guideline (“U.S.S.G.”) § 4B1.1. Although Tichenor’s counsel initially raised an objection to the application of the career offender guideline, he withdrew this objection at the sentencing hearing. The district court applied the career offender enhancement, based on Tichenor’s prior convictions for dealing hash oil and resisting law enforcement, and sentenced him to 300 months’ imprisonment.

Tichenor appeals his sentence by arguing that the career offender sentencing guideline is unconstitutionally vague and that the U.S. Sentencing Commission exceeded its authority in enacting the current definition of “crime of violence,” found at U.S.S.G. § 4B1.2(a). Although Tichenor likely waived these claims by withdrawing his objection to the application of the career offender guideline at sentencing, we proceed to address his claims because the government has waived the waiver argument. In accordance with our prior holdings on these issues, we conclude that the Sentencing Guidelines (“Guidelines”) are not susceptible to vagueness challenges and that the Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition. We therefore affirm the judgment of the district court.

Posted by Marcia Oddi on June 13, 2012 10:04 AM
Posted to Ind. (7th Cir.) Decisions