United States v. Fox, No. 16-2892 (7th Cir. 2017)Annotate this Case
Fox was convicted of two Hobbs Act robberies. Because he used a firearm to commit the robberies, he was subject to 18 U.S.C. 924(c)(1)’s mandatory sentencing add-on and was sentenced to 435 months’ imprisonment. The Seventh Circuit affirmed, rejecting Fox’s argument that he was entitled to a new trial because the district court denied him his right to be represented by counsel of his choice. The district court was within its discretion to deny Fox’s morning-of-trial motion for a continuance when there was no indication Fox was particularly close to retaining new counsel. The court rejected other arguments as foreclosed by controlling precedent but agreed that Fox is entitled to resentencing in light of the Supreme Court’s 2017 decision, Dean v. United States, which permits district courts to take into account the sentencing add-on when fashioning a just sentence for the predicate robberies.