United States v. Cureton, 041018 FED7, 15-3575

Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
Judge Panel:Before Easterbrook, Kanne, and Hamilton, Circuit Judges.
Opinion Judge:PER CURIAM.
Party Name:United States of America, Plaintiff-Appellee, v. Thomas Cureton, Defendant-Appellant.
Case Date:April 10, 2018
Docket Nº:15-3575, 15-3581
 
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United States of America, Plaintiff-Appellee,

v.

Thomas Cureton, Defendant-Appellant.

Nos. 15-3575, 15-3581

United States Court of Appeals, Seventh Circuit

April 10, 2018

          Appeals from the United States District Court for the Southern District of Illinois. Nos. 10-CR-30106 & 10-CR-30200 - David R. Herndon, Judge.

         On Remand from the Supreme Court of the United States

          Before Easterbrook, Kanne, and Hamilton, Circuit Judges.

          PER CURIAM.

         In his third round of appeals, we affirmed defendant Cureton's convictions and sentences for using a firearm during a crime of violence and related crimes. United States v. Cureton, 845 F.3d 323 (7th Cir. 2017). The Supreme Court remanded for reconsideration in light of Dean v. United States, 137 S.Ct. 1170 (2017), which disapproved our circuit precedents such as United States v. Roberson, 474 F.3d 432 (7th Cir. 2007), barring judges sentencing defendants under 18 U.S.C. § 924(c) and other crimes from considering the mandatory minimum sentence under § 924(c) when deciding the sentences for other crimes.

         We then remanded to the district court for the limited purpose of giving that court an opportunity to determine whether it would have imposed the same sentence on Cureton, now knowing that in light of Dean, it may consider the mandatory sentence under § 924(c) when deciding the sentences for other crimes. United States v. Cureton, 882 F.3d 714 (7th Cir. 2018). The district court solicited and reviewed briefs from the parties and acted promptly.

         On March 21, 2018, the district judge issued an order explaining that he saw no basis for reducing Cureton's sentence. Judge Herndon quoted...

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