United States v. Banks, No. 13-3527 (7th Cir. 2014)
Annotate this CaseOn the way into a Milwaukee store, Banks’s associate Warren asked him to hold a revolver. Banks put it in his waistband. Once inside, Warren negotiated the sale of the guns for $1,000 to an undercover ATF agent who was posing as a store employee. Warren took the revolver from Banks and handed it to the buyer. Banks and Warren then offered to sell crack cocaine. The agent said he had money only for the guns but that he would purchase the crack the next day. Banks and Warren returned and sold the agent one ounce of what turned out to be fake crack cocaine. Banks pled guilty to possessing a firearm as a convicted felon, 18 U.S.C. 922(g)(1), and was sentenced to three years in prison. The Seventh Circuit affirmed, holding that the sentencing report correctly calculated that Banks had an offense level of 17 and a criminal history category of III after a reduction of three levels for acceptance of responsibility, resulting in a sentencing range of 30 to 37 months. Although the judge could have been clearer, the transcript indicated that he considered Banks’s mitigation argument but found it was out-weighed by the seriousness of the offense and Banks’s criminal history. The sentence was not substantively unreasonable.
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