Judges: Per Curiam
Filed: Jun. 19, 2018
Latest Update: Mar. 03, 2020
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 17-2764 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. AARON LAMON, Defendant-Appellant. _ Appeal from the United States District Court for the Central District of Illinois. No. 17-10015-001 — James E. Shadid, Chief Judge. _ ARGUED JUNE 6, 2018 — DECIDED JUNE 19, 2018 _ Before WOOD, Chief Judge, and KANNE and SCUDDER, Cir- cuit Judges. PER CURIAM. Sentencing judges ordinarily “group” counts of conviction when they involve “sub
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 17-2764 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. AARON LAMON, Defendant-Appellant. _ Appeal from the United States District Court for the Central District of Illinois. No. 17-10015-001 — James E. Shadid, Chief Judge. _ ARGUED JUNE 6, 2018 — DECIDED JUNE 19, 2018 _ Before WOOD, Chief Judge, and KANNE and SCUDDER, Cir- cuit Judges. PER CURIAM. Sentencing judges ordinarily “group” counts of conviction when they involve “subs..
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In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 17‐2764
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
AARON LAMON,
Defendant‐Appellant.
____________________
Appeal from the United States District Court for the
Central District of Illinois.
No. 17‐10015‐001 — James E. Shadid, Chief Judge.
____________________
ARGUED JUNE 6, 2018 — DECIDED JUNE 19, 2018
____________________
Before WOOD, Chief Judge, and KANNE and SCUDDER, Cir‐
cuit Judges.
PER CURIAM. Sentencing judges ordinarily “group” counts
of conviction when they involve “substantially the same
harm.” U.S.S.G. § 3D1.2. In United States v. Sinclair, 770 F.3d
1148 (7th Cir. 2014), we ruled that when facing a particular
combination of counts—the same combination in this case—a
judge may not group them. Aaron Lamon pleaded guilty to
three counts: (1) possessing cocaine with intent to distribute,
2 No. 17‐2764
21 U.S.C. § 841(a)(1); (2) possessing a firearm in furtherance of
that crime, 18 U.S.C. § 924(c)(1)(A); and (3) possessing a fire‐
arm as a felon, id. § 922(g)(1). Following Sinclair, at sentencing
the judge did not group Lamon’s first and third counts—his
drug‐trafficking conviction and felon‐in‐possession convic‐
tion. Because Lamon has not provided any valid basis for
overturning Sinclair, we affirm the judgment.
I. BACKGROUND
Before and at sentencing, the parties debated whether the
district court should group Lamon’s drug and felon‐in‐pos‐
session offenses under Section 3D1.2(c) of the Sentencing
Guidelines. That section states that two counts should be
grouped “[w]hen one of the counts embodies conduct that is
treated as a specific offense characteristic in, or other adjust‐
ment to, the guideline applicable to another of the counts.”
U.S.S.G. § 3D1.2(c).
The parties disagreed over the continuing vitality of Sin‐
clair. In Sinclair, we concluded that a drug‐trafficking count
under § 841(a) and a felon‐in‐possession count under § 922(g)
cannot be grouped when accompanied by a § 924(c) offense
for using a firearm to further a felony. 770 F.3d at 1157–58.
Sinclair observed that when a defendant is convicted under
§ 924(c), the Guidelines direct courts not to apply any offense‐
characteristic enhancement for firearm possession to the drug
count. Id. at 1158; see U.S.S.G. § 2K2.4, cmt. 4. The reason is
that the § 924(c) conviction itself enlarges the sentence based
on the defendant’s use of a weapon to further a felony by re‐
quiring a 60‐month consecutive mandatory minimum sen‐
tence. Sinclair, 770 F.3d at 1158. Thus, in these circumstances,
the felon‐in‐possession count has no impact on the guideline
range for the underlying drug count, thereby eliminating the
No. 17‐2764 3
rationale for grouping. See U.S.S.G. § 3D1.2(c); Sinclair, 770
F.3d at 1158. Lamon responded that United States v. Cherry,
855 F.3d 813 (7th Cir. 2017) implicitly overruled Sinclair, so his
§ 841(a) and § 922(g) offenses must be grouped. The govern‐
ment insisted that Sinclair remains good law.
The district judge rejected Lamon’s objection and did not
group the counts. The judge calculated guidelines ranges of
30 to 37 months for the § 841(a) and § 922(g) counts, based on
a total offense level of 17 and Lamon’s criminal history cate‐
gory of III. He sentenced Lamon to below‐guidelines concur‐
rent terms of 24 months’ imprisonment on each of these
counts, followed by the statutory minimum consecutive term
of five years for the § 924(c) count, resulting in a total sentence
of 84 months’ imprisonment. Had the judge grouped the
§ 841(a) and § 922(g) counts, Lamon’s total offense level
would have been 15, resulting in a guidelines range of 24 to
30 months for each charge. See U.S.S.G. Ch. 5, Part A.
Lamon now renews his argument that the district judge
should have grouped his § 841(a) and § 922(g) counts at sen‐
tencing. Acknowledging that Sinclair forecloses this argu‐
ment, he argues our court has already overturned or should
now overturn that decision.
II. ANALYSIS
Lamon argues unpersuasively that we implicitly over‐
ruled Sinclair in United States v. Cherry, 855 F.3d 813 (7th Cir.
2017). He points out that when reciting the procedural history
in Cherry, we noted that the § 841(a) and § 922(g) charges were
grouped “[c]onsistent with the sentencing guidelines,”
Cherry, 855 F.3d at 815, even though Cherry faced a § 924(c)
conviction. But Sinclair and “grouping” were irrelevant to the
4 No. 17‐2764
sentencing issue decided in Cherry. Indeed Sinclair was not
even mentioned. Because the grouping issue was not part of
the ruling in Cherry, any variance from Sinclair is not binding
in later cases. See Tate v. Snowboat Marina Casino P’ship, 431
F.3d 580, 582 (7th Cir. 2005).
Alternatively, Lamon contends that we should now over‐
turn Sinclair to rectify a circuit split and ensure uniform ap‐
plication of the Sentencing Guidelines. But the mere existence
of a circuit split does not justify overturning precedent. United
States v. Waters, 823 F.3d 1062, 1065 (7th Cir. 2016). This is es‐
pecially true here, because in Sinclair we knew that we were
creating the split, and in doing so weighed the impact that our
contrary decision would have on uniformity among the cir‐
cuits. See Sinclair, 770 F.3d at 1158 n.2 (noting that opinion was
circulated to full court because it created split with United
States v. Bell, 477 F.3d 607 (8th Cir. 2007)); see Santos v. United
States, 461 F.3d 886, 894 (7th Cir. 2006) (explaining that it is
better to “stay the course” when court has “already consid‐
ered and duly decided the issue”). Although superseding
changes in the law may justify deviating from precedent,
Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833, 854–55
(1992), no such developments are present here. The only post‐
Sinclair case Lamon cites directly addressing this issue is
United States v. Fonseca, 2018 WL 1180656 (11th Cir. 2018). That
case at most reiterates the Eleventh Circuit’s non‐precedential
position predating Sinclair. See United States v. King, 201 Fed.
Appx. 715, 717 (11th Cir. 2006). Lamon’s argument thus
amounts to nothing more than asking us to reconsider our
prior analysis.
Further, disagreement with a prior holding is an inade‐
quate basis to overturn precedent. Lamon stresses that Sinclair
No. 17‐2764 5
was wrongly decided. But if believing a prior decision is in‐
correct were sufficient grounds to overrule it then stare deci‐
sis would be meaningless, “because no doctrine of deference
to precedent is needed to induce a court to follow the prece‐
dents that it agrees with.” Tate, 431 F.3d at 582. Nor may we
reevaluate Sinclair simply because, as Lamon contends, it may
result in long sentences for some defendants. See Santos, 461
F.3d at 893 (finding sentencing consequences insufficient
grounds to overturn circuit precedent). We may only over‐
turn precedent for a “compelling reason,” id. at 891, and
Lamon has not provided one.
III. CONCLUSION
The proper resolution of this issue in future cases is not for
us to reconsider our precedent without supervening develop‐
ments. Instead, interested parties should ask the United States
Sentencing Commission to clarify its position on the role of
comment 4 to § 2K2.4.
AFFIRMED