United States v. Ferguson, No. 15-3753 (7th Cir. 2016)
Annotate this CaseFerguson, then 17 years old, was drunk and high when he approached a woman as she was getting into her car. He pointed a gun and demanded her keys. She hesitated. He shot the woman three times at point‐blank range. Ferguson took her keys and drove away. Police arrested Ferguson the next day after a high‐speed chase. The victim lost sight in one eye and has nerve damage to her ear and face. She cannot drive or work; she has nightmares and panic attacks. Ferguson pled guilty to vehicular robbery by force, 18 U.S.C. 2119(2), and discharge of a firearm in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A)(iii). The statutory range for the carjacking is up to 300 months; the range for discharging the firearm is a mandatory 120 months to life, which must be consecutive to the carjacking sentence. Ferguson’s total guideline range was 198-217 months.The court sentenced Ferguson to eight years for the carjacking plus 42 years for firing the gun, stating that the sentence: “takes into account and reflects the seriousness of this evil, terrorist act. Seriousness of the offense. Promotes respect for the law. Hopefully that message will get out. Creates a just punishment. Provides adequate deterrence, and protects the public from further crime.” The Seventh Circuit vacated the sentence. Such a dramatic variance from a guideline range requires a substantial explanation.
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