Abuse of Discretion Sentencing Guidelines.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: United States of America v. Matthew E. Moultrie

Case No.: 19-2896

Officials: RIPPLE, BARRETT, and BRENNAN, Circuit Judges.

Focus: Abuse of Discretion Sentencing Guidelines

Matthew Moultrie was charged with, and pleaded guilty to, being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). The probation office's final presentence report calculated Mr. Moultrie's offense level at 21; this calculation included enhancements for possessing a firearm with an obliterated serial number, for discharging his firearm in a manner that endangered others, and for obstructing justice by both fleeing and engaging in a standoff with law enforcement. The presentence report also determined that Mr. Moultrie had a criminal history category of III. The resulting guidelines range was 46 to 57 months' imprisonment.

At sentencing, the district court employed Mr. Moultrie's offense level and criminal history category as baselines. However, the court determined that, applying the factors set forth in 18 U.S.C. 3553(a), Mr. Moultrie's offense level did not account adequately for the dangerous situations that his actions had created, nor did it account for his post-arrest behavior, which included attempting to dissuade witnesses from testifying against him. According to the court, an offense level of 23, as opposed to 21...