United States v. Jerry, No. 22-1302 (7th Cir. 2022)
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Jerry robbed a cellphone store at gunpoint, The store determined that Jerry had taken 45 phones and watches, valued at $31,599.86. Jerry pleaded guilty to obstruction of commerce by robbery (Hobbs Act robbery), 18 U.S.C. 1951, brandishing a firearm in furtherance of a robbery, section 924(c)(1)(A)(ii), and possession of a firearm by a felon. Sections 922(g)(1), 924(a)(2). The district court sentenced Jerry to 264 months as a career offender.
The Seventh Circuit remanded for resentencing based on its 2021 “Bridge” holding that Hobbs Act robbery is not categorically a “crime of violence.” On remand, the district court resentenced Jerry to 171 months’ imprisonment. The Seventh Circuit affirmed, rejecting arguments that the district court committed procedural error and that the sentence was substantively unreasonable. A court does not commit procedural error simply by listening to purportedly incorrect arguments, nor did the court err in its calculation and application of the Sentencing Guidelines range. The district court’s remarks about the sentencing range were a “personal belief” that cannot reasonably be understood to indicate a personal grudge against Jerry. The court adequately explained that because the Guidelines range did not account for Jerry’s violent conduct and the impact on his victims, a sentence 16-27 percent above that range was appropriate.
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