United States v. Durham, No. 18-3283 (7th Cir. 2020)
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In 1997, Durham received a 35-year sentence for a federal drug offense that was reduced to 20 years after amendments to the Sentencing Guidelines. Durham was released in 2015. In 2018, he violated the terms of his supervised release by domestic battery, unauthorized travel, making false statements to a probation officer, and theft of over $500. Dunham denied having assaulted his ex-girlfriend, despite the testimony of a third party witness.
He was sentenced to 30 months’ imprisonment, about twice the high end of the guidelines range. The district court emphasized the gravity of Durham’s abuse of his ex-girlfriend and stated: “The guideline allows for an upward variance if he received a reduction. He has received two reductions.” Durham’s attorney responded: “That’s a point well-taken, Judge.” The Seventh Circuit affirmed, rejecting Dunham’s argument that he was being punished for the Guidelines amendments. Read as a whole, the sentencing transcript indicates that the district court selected the 30-month revocation sentence by applying the 18 U.S.C. 3553(a) factors and, most especially, considering the “nature and circumstances” of Durham’s supervised release violations, foremost the violent assault of his former girlfriend. The district court could reasonably conclude that Durham “squandered” his early release.
This opinion or order relates to an opinion or order originally issued on May 2, 2019.
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