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Tuesday, January 21, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In UNITED STATES OF AMERICA v. LOVOYNE DRAIN (SD Ind., Barker), a 16-page opinion, Judge Sykes writes:

Lovoyne Drain appeals his aboveguidelines sentence for possession of a firearm by a felon, 18 U.S.C. § 922(g)(1). He argues that the district judge ran afoul of U.S.S.G. § 4A1.3(a)(3) and the Due Process Clause by considering his record of unadjudicated arrests, many for offenses involving drugs or violence. But § 4A1.3(a)(3), like every provision of the sentencing guidelines, is advisory. And the judge did not violate Drain’s right to due process by taking account of his arrest history as part of her evaluation of the sentencing factors under 18 U.S.C. § 3553(a). Accordingly, we affirm Drain’s sentence.

Posted by Marcia Oddi on January 21, 2014 01:17 PM
Posted to Ind. (7th Cir.) Decisions