United States v. Howell, No. 20-3086 (7th Cir. 2022)
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Howell was convicted on two counts of being a felon in possession of a firearm and was sentenced to concurrent 96‐month terms. In 2020, the Seventh Circuit vacated one conviction and remanded. The 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) permits federal courts to conduct by video teleconference some criminal proceedings that otherwise require the defendant’s physical presence in court, including felony resentencing. The court must make certain findings; the defendant must consent after consulting with counsel.
At a video conference status hearing attended by Howell, the court stated that it needed Howell’s consent to issue a CARES Act order for sentencing by video teleconference. The court delayed the resentencing to allow Howell’s counsel to confer with him. The court issued a CARES Act order saying that “Howell moved to proceed with a video‐conference resentencing,” and made the necessary findings. There is no record of that motion. During the hearing, Howell’s counsel acknowledged that she had had the opportunity to speak with Howell about the hearing. Neither Howell nor his counsel objected to the video teleconference hearing. The judge reimposed a 96‐month prison term. Howell had already served 96 months' imprisonment.
The Seventh Circuit affirmed. The record sufficiently indicated that Howell was informed his consent was required; that he conferred with his counsel; and that the judge, lawyers, and Howell proceeded with the understanding that Howell had consented to the video teleconference.
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