Friday, February 07, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today, sentencing vacated and remanded
From UNITED STATES OF AMERICA v. TIMMOTHY WILLIAMS (ND Ind., Simon), a 5-page per curiam opinion:
Timmothy Williams pleaded guilty to an indictment charging him with crimes related to identity theft, and the district court used the guidelines in effect at sentencing to calculate his imprisonment range. That range was higher than it would have been if calculated under the guidelines in effect when Williams committed his crimes, but this posed no constitutional problem under our circuit’s precedent at the time of sentencing. See United States v. Demaree, 459 F.3d 791, 795 (7th Cir. 2006). While this case was on appeal, however, the Supreme Court held that applying the guidelines in effect at sentencing violates the ex post facto clause if it raises the defendant’s imprisonment range. See Peugh v. United States, 133 S. Ct. 2072, 2078 (2013). * * *
Accordingly, the sentence is VACATED, and the case is REMANDED for resentencing consistent with this opinion.
Posted by Marcia Oddi on February 7, 2014 05:48 PM
Posted to Ind. (7th Cir.) Decisions