United States v. Robertson, No. 10-3543 (7th Cir. 2011)
Annotate this CaseIn 1993 defendant was convicted of growing 228 marijuana plants and was sentenced to 120 months in prison and 8 years of supervised release. In 2009, days before supervised release was to end, he was arrested while tending 52 marijuana plants. The government sought to revoke supervised release and he entered a plea. The district judge sentenced him to 30 months in prison on the new charge and, consecutively, to 34 months for violation of supervised release, minus four months for time he had served in a related state case; so the length of the sentence actually imposed was 60 months. The Seventh Circuit vacated and remanded. The district judge failed to explain why the term of reimprisonment recommended in the Sentencing Guidelines, 12-18 months, would be insufficient punishment (U.S.S.G. 7B1.4), though the statutory maximum is three years. The Sentencing Guidelines now are non-binding, but, whatever the precise standard of review, the sentencing judge must consider the statutory sentencing factors.
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