United States v. Bell, No. 17-2307 (7th Cir. 2018)
Annotate this CaseDuring the execution of a search warrant, ATF agents found Bell in possession of a pistol. Charged with being a felon in possession of a firearm under 18 U.S.C. 922(g)(1), Bell entered a plea agreement. The Presentence Investigation Report calculated Bell’s total offense level as 23, with a criminal history category of VI, for a Sentencing Guideline range of 92-115 months, and stated that the Guideline range for supervised release is 1 year to 3 years, U.S.S.G. 5D1.2(a)(2). The Probation Officer also filed a separate sentencing recommendation, with a chart breaking down the statutory and Guideline ranges for supervised release. The government recommended a term of supervised release within the Guidelines range of one to three years. The district court sentenced Bell to 98 months’ imprisonment, plus three years of supervised release. The Seventh Circuit affirmed. The district court did not err in imposing a three-year term of supervised release without making a specific Guidelines calculation on the record; did not treat the policy statements as controlling authority but appropriately considered them as part of the entire section 3553(a) analysis in finding that a below-Guidelines sentence was not warranted; and adequately considered Bell’s arguments in mitigations.
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