Legal Opinion · Dissent

Bernard Hawkins v. United States

Court of Appeals for the Seventh Circuit

Decided February 7, 2013No. 11-1245Published

1DissentRovner, Circuit Judge

Last year this court reviewed a remarkably similar case but reached the opposite result. The majority’s rationale for a different result here is illusory and for this reason I respectfully dissent.

In Narvaez v. United States, 674 F.3d 621 (7th Cir.2011), Luis Narvaez, like Hawkins, stood before a sentencing court *826as a career offender, having been convicted (just like Hawkins) twice before of escape for failing to return to confinement. Id. at 623. Just as with Hawkins, the sentencing court’s application of the career offender guideline increased Narvaez’s Guidelines range significantly, but…

2Cases cited38 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Johnson v. United StatesSupreme Court of the United States · 1997
  4. Hill v. United StatesSupreme Court of the United States · 1962
  5. Davis v. United StatesSupreme Court of the United States · 1974

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