United States v. Bonk, No. 19-1948 (7th Cir. 2020)
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Bonk conspired with Kampas and Wood to distribute ice methamphetamine. Charged with conspiracy to possess methamphetamine with intent to distribute and with possession of methamphetamine with intent to distribute, Wood and Kampas pleaded guilty to conspiracy with plea agreements. Bonk, who pleaded guilty without an agreement, had several previous convictions, many of them violent in nature, resulting in a guidelines sentencing range of 292-365 months’ imprisonment. Defense counsel argued that the guidelines' 188-235-month range for methamphetamine mixture should be used instead of the higher range for ice methamphetamine and noted several mitigating factors.
The district court sentenced Bonk to 262 months’ imprisonment. Bonk requested access to all sealed documents for Bonk and his codefendants “for the crucial purpose of analyzing, or ruling-out, whether disparity and/or excessiveness of sentencing was committed by the trial court in separately sentencing the three defendants.” The court denied the motion in part. The Seventh Circuit concluded that it did not have jurisdiction to review that denial and rejected a challenge to the reasonableness of Bonk’s sentence. Bonk sought to appeal from an order that was issued after he filed his notice of appeal, and, the order, addressing appellate counsel’s emergency request for access to all documents, is not obviously related to the sentencing order from which he appealed.
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