United States v. Maday, No. 14-2154 (7th Cir. 2015)
Annotate this CaseBefore Judge Gettleman. Maday pleaded guilty to three 2008 bank robberies. Before sentencing he escaped while being transported to face sentencing for state crimes. He then committed bank robbery, escape from federal custody, carjacking, and using or carrying a gun in connection with the other offenses. He was prosecuted in state court for the carjackings and in federal court (Judge Castillo) for the federal crimes. A state judge sentenced him to 13 years’ imprisonment for the 2008 crimes. In 2010 he pleaded guilty in state court to the carjackings and was given a consecutive prison sentence of 30 years. In 2013 Judge Gettleman sentenced him to 30 years for the 2008 bank robberies, consecutive to Maday’s 30-year state sentence but concurrent with his 13-year state sentence. Judge Castillo later imposed sentence, classifying Maday an “armed career criminal.” Maday’s statutory minimum in that case totaled 47 years. The judge made the sentence concurrent with Maday’s state sentence, and the 15-year ACCA component concurrent with the other counts and with Judge Gettleman’s 30-year sentence, resulting in an aggregate 62-year federal sentence. The Seventh Circuit found the appeal from Judge Castillo’s sentence frivolous, and allowed Maday’s lawyer to withdraw. The other appeal was not frivolous, given incomplete discussion of statutory sentencing factors, and the withdrawal motion of Maday‘s lawyer in that appeal was denied. One judge should have been assigned both cases, to defer sentencing until guilt in each had been determined.
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