United States v. Davis, No. 21-1778 (7th Cir. 2022)Annotate this Case
The Seventh Circuit vacated Defendant's above-Guidelines sentence of eighty-four months in prison imposed in connection with his plea of guilty to possessing a firearm as a felon, holding that the sentencing decision rested on conflicting findings that could not be reconciled.
Based largely on his finding that Defendant was an active participant in the shoot-out at issue rather than an innocent bystander, the sentencing judge imposed an above-guidelines sentence of eighty-four months in prison. On appeal, Defendant argued that the judge selected the sentence based on the clearly erroneous finding that he was an active participant in the shooting. The Seventh Circuit agreed and remanded the cause for resentencing, holding that the record reflected an "inscrutable inconsistency" in the factual findings on which the judge based his choice of sentence.