United States v. Jenkins, No. 13-3409 (7th Cir. 2014)
Annotate this CaseIn 2011, Jenkins pled guilty in Illinois state court to one felony count of Aggravated Unlawful Use of a Weapon, 720 ILCS 5/24-1.6(a)(1). He received a sentence of probation. Following Jenkins’s conviction, both the Seventh Circuit and the Supreme Court of Illinois held the portion of the AUUW statute under which he was convicted to be facially unconstitutional. In 2013, Jenkins pled guilty to aiding and abetting a kidnapping. 18 U.S.C. 1201(a)(1) and (2) and received a federal sentence of 168 months. In Jenkins’s presentence report, the probation officer recommended three criminal history points due to the prior Illinois AUUW conviction. The district court adopted those findings and assessed a resultant criminal history category of III, combined with Jenkins’s offense level of 33, for a sentencing range of 168–210 months. The Seventh Circuit vacated. The district court erred when it assessed three criminal history points based on Illinois’s constitutionally invalidated AUUW statute.
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