Conrad v. United States, No. 14-3216 (7th Cir. 2016)
Annotate this CaseWhen the defendant was sentenced, the guidelines range applicable to his multiple violations of the federal laws relating to child pornography was 360 months to life. Under the version of the guidelines in force years earlier, when the defendant had committed the crimes for which he was convicted, the guidelines range had been only 121 to 151 months. The judge sentenced him to 198 months. The Seventh CIrcuit affirmed the conviction and sentence in 2012. In 2013, the Supreme Court decided Peugh v. United States, prohibiting subjecting a criminal defendant to an increase in his guidelines sentencing range made by the Sentencing Commission after the defendant had committed the crime for which he is being sentenced. Defendant filed his 28 U.S.C. 2255(f)(3) petition exactly one year later. The Seventh Circuit affirmed denial of the motion to vacate. The sentence was within the statutory range and was thus a sentence that the judge was constitutionally permitted to give both before and after Peugh.
The court issued a subsequent related opinion or order on May 24, 2016.
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