United States Seventh Circuit

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.

Appellate Information

• Argued 10/29/2009
• Decided 06/22/2010
• Published 06/22/2010

Judges

• WOOD, Circuit Judge., Before FLAUM, MANION, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• 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.