The Seventh Circuit U.S. Court of Appeals has granted an unopposed motion in favor of the firm’s client, vacating the district court’s sentence and remanding for resentencing in light of its recent decision in United States v. Herman, 930 F.3d 872 (7th Cir. 2019), which interpreted the physical-restraint sentencing enhancement. After the firm filed its opening brief, the government conceded that the defendant was entitled to resentencing because the enhancement, which affected the defendant’s advisory Guidelines range, did not apply under Herman. The Court of Appeals agreed.
Practice areas: Appellate, Criminal Defense.