United States v. Hinojosa, No. 22-1045 (6th Cir. 2023)
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While on supervised release for a 2012 felon-in-possession conviction, Hinojosa shot a man and robbed the man’s companion of drugs and money. A jury convicted him of Hobbs Act robbery, discharging a firearm during that robbery, and being a felon in possession of ammunition. The district court sentenced him to 240 months of imprisonment. The court separately revoked Hinojosa’s supervised release and imposed a consecutive 24-month sentence for his 2012 offense.
The Sixth Circuit affirmed his convictions and the 24-month sentence for his supervised-release violations. A defendant’s arrest for a violation of a supervised-release condition does not trigger the 30-day clock to file an indictment charging new federal offenses even when both involve “the same underlying conduct.” There was sufficient evidence to support the convictions. The court vacated the 240-month sentence. The district court applied the wrong law when calculating Hinojosa’s guidelines range for his new offenses and should make the required factual findings concerning Hinojosa’s prior offenses.
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