April 5, 2016.
from the United States District Court for the Western
District of Wisconsin. No. 3:11-cr-00025-wmc-1 -- William M.
Conley, Chief Judge.
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.
MAURICE L. MAXWELL, Defendant - Appellant: Robert T. Ruth,
Attorney, Madison, WI.
WOOD, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.
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.
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
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).
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.
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.
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 ...