US v. Brown, 09-1028
In a conviction of defendant for distributing more than five grams of crack cocaine, district court's imposition of a 120-month mandatory minimum sentence, despite the fact that defendant's two previous convictions for aggravated assault qualified him as a career offender for purposes of section 4B1.1, is vacated and remanded as the district court failed to articulate the necessary justification for such a sizable departure from the guidelines.
- Argued 10/29/2009
- Decided 06/22/2010
- Published 06/22/2010
- WOOD, Circuit Judge., Before FLAUM, MANION, and WOOD, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Linda L. Mullen, Attorney, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellant.
- For Appellees:
- Karl W. Bryning, Attorney, Johanna M. Christiansen, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellee.