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ISLAND v. U.S., 08 CR 401-11. (2015)

Court: District Court, N.D. Illinois Number: infdco20151119d72 Visitors: 13
Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL , District Judge . This is one of a series of cases in which sentences were (to some degree) reconsidered in light of a change in Guidelines. In this instance, I think the operative Guideline is the one that applies to career offenders. That Guideline, which I used at the original sentencing, has not changed. Therefore, I do not have the authority to change this sentence. But even if I did have that authority, I would impose the same sentence I h
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MEMORANDUM OPINION AND ORDER

This is one of a series of cases in which sentences were (to some degree) reconsidered in light of a change in Guidelines. In this instance, I think the operative Guideline is the one that applies to career offenders. That Guideline, which I used at the original sentencing, has not changed. Therefore, I do not have the authority to change this sentence. But even if I did have that authority, I would impose the same sentence I handed down when the initial judgment was entered. When I resentenced the defendant, I explicitly stated that I would not change the sentence even if it were to be imposed under Amendment 782 Guideline. In simple terms, I reaffirm my judgment that the appropriate term of imprisonment is 204 months.

Source:  Leagle

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