United States v. Shaw, No. 21-1692 (7th Cir. 2022)
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Shaw served 10 years in prison for possessing cocaine base with intent to distribute and possessing a firearm as a felon, then began a six-year term of supervision. During the first two months, Shaw tested positive for marijuana, methamphetamine, and amphetamine, and was arrested for driving on a revoked license. Two months later, Shaw’s probation officer reported that Shaw had violated the terms of home confinement and submitted a fake paystub. Six months later, Shaw received another citation for driving on a revoked license. A month after that, Shaw was caught driving without a license, while traveling outside the judicial district without permission. The court ordered Shaw to spend five weekends in county jail, where Shaw got into an argument with jail staff, threatened to kill himself, threatened to flood his cell, and made an implied threat against the staff.
The district court revoked Shaw’s supervised release and sentenced him to two years’ imprisonment—well above the range recommended by the Sentencing Commission’s policy statements. The court did not mention the sentencing factors from 18 U.S.C. 3583(e) but explained that it was sending Shaw to prison to “help” him and give him a chance to access rehabilitative programs. The Seventh Circuit vacated: imprisonment is not an appropriate means of promoting correction and rehabilitation, 18 U.S.C. 3582(a).
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