United Statesx v. Shoffner, No. 18-3448 (7th Cir. 2019)Annotate this Case
Shoffner was convicted of unlawful possession of a firearm. The Seventh Circuit vacated his below-Guidelines sentence of 84 months’ imprisonment because the district court had miscalculated the base offense level. The district court had not specified whether its imposition of a six-level increase for punching the arresting officer, U.S.S.G. 3A1.2(c)(1), was based on a belief that it was required to find, as a matter of law, that the punch created a substantial risk of serious injury or whether the court had found, as a factual matter, that the punch created a serious risk of injury. On remand, the district court, a different judge presiding, conducted a sentencing hearing. Even though the Seventh Circuit decision had decreased his applicable advisory guidelines range, Shoffner received the same sentence. The Seventh Circuit again vacated and remanded. The district court erred procedurally by not explaining why it believed that the imposed sentence was appropriate and by failing to engage with his arguments in mitigation.