United States v. Dupriest, No. 14-2419 (7th Cir. 2015)
Annotate this CaseIn 2006, DuPriest pled guilty to “Use of a Telephone to Facilitate a Drug Trafficking Crime.” Judge Stadtmueller sentenced DuPriest to a 48-month term of imprisonment and a 12-month term of supervised release, to run concurrently with DuPriest’s related Wisconsin state sentence. DuPriest was released in 2012. Five months later, while serving his concurrent terms of supervised release, Milwaukee police arrested DuPriest after observing him enter an abandoned house. The officers searched him and found a pistol and 43 small bags of marijuana. He received an 18-month sentence on the state violation of supervised release. DuPriest pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g), and faced mandatory revocation and a second term of imprisonment for violating his federal supervised release, 18 U.S.C. 3583(g). Judge Adelman sentenced DuPriest to 33 months of imprisonment and 24 months of supervised release, to run concurrently to DuPriest’s state revocation sentence. The government recommended a federal revocation sentence that would run concurrently with his sentence for the underlying crime. Judge Stadtmueller disagreed with that recommendation, emphasizing the need for incremental punishment. On remand, because the government conceded that the 18-month term exceeded the statutory maximum by six months, Judge Stadtmueller issued the statutory maximum 12-month sentence, with three pages explaining his reasons. The Seventh Circuit affirmed.
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