United States v. Johnson, No. 11-3153 (7th Cir. 2012)
Annotate this CaseA former bailiff-nightclub owner, then 70 years old, pleaded guilty to possession of a firearm by an unlawful user of a controlled substance, 18 U.S.C. 922(g)(3), and possession of an unregistered firearm. 26 U.S.C. 5861(d) and was sentenced to 78 months, the bottom of the guidelines range. Defendant’s lawyer sought to withdraw on the ground that he could not find colorable ground for appeal. The Seventh Circuit dismissed, stating that the sentence was reasonable and not a de facto life sentence. The Census Bureau indicates that life expectancy of a black male aged 70 is 12.4 years. Even without time off for good behavior, which could reduce the sentence to 5 years and 8 months, the sentence does not exceed life expectancy. Propensity to engage in criminal activity declines with age and “age may be a reason to depart downward in a case in which the defendant is elderly and infirm and where a form of punishment such as home confinement might be equally efficient as and less costly than incarceration,” U.S.S.G. 5H1.1, but this defendant is devoted to guns and drugs. He is 6'7," weighs 230 pounds, is in good health, and physically capable of continuing indefinitely to engage in the illegal activities.
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