United States v. Smith, No. 14-2223 (7th Cir. 2014)
Annotate this CaseIn 2009 defendant was sentenced to 24 months in prison, to be followed by 3 years of supervised release, as a felon in possession of a gun. After his 2011 release, he failed to submit to drug tests, to attend substance-abuse treatment sessions, and to report to his probation officer. The judge sentenced him to five months in prison plus an additional 30 months of supervised release. In 2012 the probation officer reported that he had twice tested positive for marijuana. The judge ordered 45 days of home confinement with electronic monitoring. After defendant had missed several drug tests, the judge ordered him to enroll in a mental health treatment program. In 2013, the probation officer advised the judge that defendant had committed five traffic offenses in one day. The judge revoked supervised release, imposing a five-month sentence of imprisonment with two more years of supervised release. He was released in October 2013 and in April 2014 his probation officer advised the court that defendant had again used marijuana and violated rules of the halfway house where he lived. Although the recommended custody range was 5 to 11 months, the government asked for 15 months. Counsel noted that defendant now had three small children and that prior employers would be glad to rehire him after his release. The judge sentenced him to 15 months with no more supervised release. The Seventh Circuit suspended decision pending supplemental briefing to determine whether the judge predetermined the sentence based on prior proceedings.
The court issued a subsequent related opinion or order on January 5, 2015.
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