United States v. Robinson, No. 18-2295 (7th Cir. 2019)Annotate this Case
Robinson pleaded guilty to unlawfully possessing a firearm as a convicted felon, 18 U.S.C. 922(g)(1), 924(a)(2). The probation officer recommended the statutory maximum term of 180 months’ imprisonment. At his sentencing hearing, the district court considered and rejected defense counsel’s argument that the Sentencing Guidelines calculation double-counted Robinson’s past convictions. Robinson raised the argument again when he had the opportunity to speak. He also attempted to mitigate his conduct by explaining the circumstances surrounding his arrest. He explained that his prior convictions were based on events that happened about 20 years ago and that he was now a steadily-employed family man. The court rejected those arguments as frivolous and then revoked the three-point reduction for acceptance of responsibility that it had granted him earlier. The Seventh Circuit vacated the 188-month sentence. The district court clearly erred in concluding that Robinson did not accept responsibility. Robinson did not attempt to disclaim his criminal conduct but simply made a mitigation argument explaining why he was in possession of the gun. The court rejected Robinson’s double-counting argument.