United States v. Hernandez, No. 20-3480 (7th Cir. 2022)
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Hernandez pled guilty to a RICO conspiracy charge, 18 U.S.C. 1962(d) stemming from his more than three decades of involvement with a violent gang, the Almighty Latin Kings Nation. Like many defendants during the COVID-19 pandemic, Hernandez underwent sentencing by video. He received 175 months’ imprisonment, slightly more than the 138-165 months recommended by the Sentencing Guidelines.
The Seventh Circuit affirmed. The district court did not commit a nonwaivable error when it conducted Hernandez's sentencing by video without first making a statutorily-required finding that Hernandez’s sentencing could not be delayed without serious harm to the interests of justice under the CARES Act, Pub. L. 116-136, 15002(b)(2) (2020). The court noted that, given the judge's apparent sympathy for Hernandez, it is unlikely that he could have obtained a more favorable result by making the same sentencing arguments in person rather than remotely. The evidence supported the court's finding that Hernandez should be held accountable for conspiracy to commit murder.
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