United States v. Walsh, No. 21-1220 (7th Cir. 2022)
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Walsh’s had convictions for the murder of a police officer, unlawful use of loaded weapons, burglaries, and armed robbery. He has been in and out of prison since 1965. In 2018, Walsh (age 71) committed an armed bank robbery. Days later, Walsh recruited a getaway driver (an FBI informant), canvassed a different bank, and prepared the same outfit and mask used in the first robbery. Agents arrested Walsh and recovered a loaded revolver. Walsh pled guilty to bank robbery by force or violence, 18 U.S.C. 2113(a) and (d); use of a firearm during a crime of violence, section 924(c)(1)(A); and unlawful possession of a firearm, section 922(g)(1). Because of the pandemic, the court granted Walsh’s motion to proceed with sentencing by videoconference. At the hearing, the judge announced an intended sentence of 156 months’ imprisonment, the top of the Guidelines range. Walsh interrupted, saying, "you mother-fucker," "I’d blow your fucking brains out" "kill your entire fucking family.” Walsh’s profanity-laced rant spans several pages of the transcript. Walsh demanded that his threats appear in the transcript, stating that he wanted to “start the appeal.”
The judge terminated the hearing. Walsh then moved for recusal and to withdraw his plea. The court denied both motions, stating there was a “significant possibility” that Walsh’s purpose was a change of judges. The court held additional hearings and sentenced Walsh to life imprisonment; considering section 3553(a)'s factors, the court emphasized the seriousness of Walsh’s conduct, his criminal history and contempt for the law, the serious threat of recidivism, and the public danger he posed. The Seventh Circuit affirmed, rejecting arguments that the life sentence was substantively unreasonable and that Walsh’s tirade required recusal.
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