United States v. Mobley, No. 15-2255 (7th Cir. 2016)
Annotate this CaseMobley pleaded guilty to bank fraud and aggravated identity theft. The court imposed a within-guidelines sentence of 137 months’ imprisonment for bank fraud, and a consecutive sentence of 24 months for identity theft, with a five-year term of supervised release and 13 standard conditions, with no further explanation. On remand, the government requested the same sentence. Defense counsel did not file any documents. At a hearing, there was confusion about the scope of the remand. Mobley’s counsel argued that full resentencing was required; he wanted to argue for a lower sentence and to present new mitigation evidence--that Mobley had recently completed his G.E.D. The court commented that because Mobley had no substantive objection to the conditions, the remand was “sort of an end run around my sentence.” The court reimposed its original sentence, stating, “I really don’t think there is anything that you could say that would make me change that,” imposed the conditions of supervised release, and explained the justification for each. Mobley argued that his sentence was based on the incorrect criminal history category. The court responded, “those are issues you could have raised on appeal …. I have no reason to reconsider your sentence.” The Seventh Circuit again vacated, stating that it could not determine whether the resentencing was procedurally sound. In imposing a new sentence, a court may reconsider the prison term, conditions of supervised release, and any relevant evidence or arguments that are properly admissible. While the court is not required to consider new arguments or evidence or any other element of the sentence, it must exercise its discretion in declining to do so.
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