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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Friday:
7th Circuit Court of Appeals
United States of America v. Aurelio Cervantes
24-1226
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio. Affirms the district court’s denial of Aurelio Cervantes’ motion seeking to reduce his prison sentence under 18 U.S.C. § 3582(c)(2). Finds the court mistakenly relied on an offense-level calculation in the presentence investigation report that attributed a larger quantity of drugs to Cervantes than was found at sentencing. But any error was harmless, given the district court’s correct determination that Cervantes was ineligible for the downward adjustment in § 4C1.1 based on his aggravating-role adjustment under § 3B1.1(a).
Monday opinions
Indiana Court of Appeals
Matthew D. Coonce v. State of Indiana
23A-CR-1920
Criminal. Affirms the Elkhart Superior Court’s finding that Matthew Coonce is a habitual vehicular substance offender and the trial court’s imposition of a sentence enhancement. Finds that prior unrelated vehicular substance offenses used to support an HVSO enhancement may be either felony or misdemeanor convictions. Also finds Coonce’s prior VSO convictions support the jury’s finding he is an HVSO, and the jury’s finding supports Coonce’s enhanced sentence of 540 days for being an HVSO, for a total of 900 days.
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