Legal Opinion

United States v. Marks

Court of Appeals for the Seventh Circuit

Decided July 24, 2017No. 15-2862PublishedCited by 26 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

This appeal illustrates why, when an arcane' and arbitrary issue arises under the Sentencing Guidelines, the sentencing judge should ask, “Why should I care?’’ That question was not ásked here, so we must remand for resentencing.

Defendant-appellant Crane Marks pled guilty to conspiring to distribute heroin. He was sentenced to nine years in prison (108 months). That sentence is either well above or well below the advisory range under the Sentencing Guidelines, depending on one issue in calculating Marks’ criminal history. The district court decided the issue against…

2Cases cited18 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Molina-Martinez v. United StatesSupreme Court of the United States · 2016
  3. United States v. Kathleen Kremser JonesCourt of Appeals for the Sixth Circuit · 1997
  4. United States v. Michael MustreadCourt of Appeals for the Seventh Circuit · 1994
  5. United States v. Adrian Pielago, Maria VaronaCourt of Appeals for the Eleventh Circuit · 1998

13 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Jeffery Bridges v. United StatesCourt of Appeals for the Seventh Circuit · 2021
  2. United States v. WhiteCourt of Appeals for the Seventh Circuit · 2018
  3. United States v. John ThomasCourt of Appeals for the Seventh Circuit · 2018
  4. United States v. Terry WalkerCourt of Appeals for the Seventh Circuit · 2018
  5. United States v. MusgravesCourt of Appeals for the Seventh Circuit · 2018

21 more not listed; retrieve them via the Exa API.

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