Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Maxwell

United States Court of Appeals, Seventh Circuit

May 24, 2016

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
MAURICE L. MAXWELL, Defendant-Appellant

         Argued April 5, 2016.

          Appeal from the United States District Court for the Western District of Wisconsin. No. 3:11-cr-00025-wmc-1 -- William M. Conley, Chief Judge.

         For UNITED STATES OF AMERICA, Plaintiff - Appellee: Elizabeth Altman, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Madison, WI; Laura Myron, Attorney, DEPARTMENT OF JUSTICE, Office of the Solicitor General, Washington, DC.

         For MAURICE L. MAXWELL, Defendant - Appellant: Robert T. Ruth, Attorney, Madison, WI.

         Before WOOD, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.

          OPINION

         Bauer, Circuit Judge.

         Defendant-appellant, Maurice Maxwell, was convicted of possession with intent to distribute five grams or more of a substance containing a cocaine base in violation of 21 U.S.C. § 841(a)(1). Although his conviction was affirmed on an earlier appeal, we have remanded this case twice for resentencing in light of recent opinions from the United States Supreme Court and our own circuit. Maxwell now appeals for the third time, arguing that the district court miscalculated the applicable sentencing range under the United States Sentencing Commission Guidelines Manual. It appears that the third time's the charm; for the reasons that follow, we affirm the district court's sentence.

         I. BACKGROUND

         A jury convicted Maxwell on December 7, 2011. His initial sentencing hearing was on February 29, 2012. At the hearing, the district court applied the Sentencing Guidelines' career offender enhancement because Maxwell was over the age of eighteen when he committed the instant offense, a controlled substance offense, and he had three qualifying prior convictions: a Wisconsin conviction for possession with intent to deliver; a Minnesota conviction for simple robbery; and a Minnesota conviction for fleeing from an officer. Applying the career offender enhancement, Maxwell's Sentencing Guidelines range was between 262 and 327 months' imprisonment.

         The district court sentenced Maxwell to 144 months' imprisonment, adjusted to 125 months to account for the 19 months that Maxwell had already served. The district court also imposed five years of supervised release. Maxwell appealed, and this court affirmed his conviction. See United States v. Maxwell, 724 F.3d 724 (7th Cir. 2013). But we found that the Supreme Court's decision in Dorsey v. United States, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012), held that the Fair Sentencing Act's lower mandatory minimums applied to all defendants sentenced after August 3, 2010. Id. at 728. So we ordered " a limited Paladino remand so that the district court may inform us whether it wants to resentence the defendant." Id. at 729. On remand, the district court noted that in light of Dorsey, it might have issued a different sentence; so we ordered a full remand and resentencing. See United States v. Maxwell, 527 Fed.Appx. 550, 551 (7th Cir. 2013).

         On July 30, 2014, the district court resentenced Maxwell, noting that in light of the Fair Sentencing Act and Dorsey, Maxwell's Sentencing Guidelines range was now between 210 and 240 months. The district court sentenced Maxwell to 120 months' imprisonment and gave the following explanation:

Taking into consideration the nature of [Maxwell's] offense and the correct advisory guidelines; as well as [Maxwell's] personal history, characteristics and recent steps toward rehabilitation; I find, as to Count 1 of the indictment, that a sentence of 120 months is reasonable and not more than necessary to satisfy the statutory purposes of sentencing set forth at Section 3553(a) of Title 18.

         The district court again credited Maxwell 19 months for the amount of time he had served in prison prior to his conviction. The district court retained the original terms and conditions of Maxwell's supervised release.

         Maxwell appealed again. On February 25, 2015, Maxwell and the government filed a joint motion for summary reversal and remand for resentencing in regards to certain conditions of Maxwell's supervised release, in light of United States v. Thompson, 777 F.3d 368 (7th Cir. 2015). We granted the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.