United States Seventh Circuit

Sentence of 108 months' imprisonment for being a felon in possession of a firearm, more than double the top of the Guidelines' range, is vacated and remanded as the sentence appears to be chosen arbitrarily, and although the Guidelines are no longer binding, a judge still must start by using the Guidelines to provide a benchmark that curtails unwarranted disparities.

Appellate Information

• Argued 11/17/2009
• Decided 12/14/2009
• Published 12/14/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stephen B. Clark, Attorney (argued), Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Renee E. Schooley, Attorney (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.