United States v. Peterson, No. 16-2493 (7th Cir. 2017)Annotate this Case
In 2006, Peterson was convicted of distributing crack cocaine, 21 U.S.C. 841(a)(1). He served eight years in prison. Within two weeks after the start of his term of supervised release, Peterson was arrested for drunk driving while outside the judicial district without permission. His probation officer did not seek revocation at that time. About two years later, Peterson encountered an adversary at a bar. A surveillance video shows Peterson pursuing his adversary, armed with a pistol lent him by a friend. On the street, his adversary attacked Peterson with a knife, seriously wounding him. Peterson didn’t attempt to use the gun but hid it under a garbage can after fleeing police officers who saw the attack. Peterson pleaded guilty as a felon in possession of a gun, 18 U.S.C. 922(g), and was sentenced to 48 months’ imprisonment, nine months below the guidelines range. The judge revoked Peterson’s supervised release, replacing it with a six‐month term of imprisonment to run consecutively to the 48‐month term. Peterson filed notices of appeal, but his appointed counsel sought to withdraw. Peterson neither wanted his guilty plea set aside nor wished to contest the revocation of supervised release. Counsel concluded that any challenge to the length of the terms or the decision to make them consecutive would be frivolous. The Seventh Circuit agreed, dismissing the appeals.