Sentence of 108 months' imprisonment for being a felon in possession of a firearm, more than double the top of the Guidelines' range, is vacated and remanded as the sentence appears to be chosen arbitrarily, and although the Guidelines are no longer binding, a judge still must start by using the Guidelines to provide a benchmark that curtails unwarranted disparities.
Read US v. Kirkpatrick, No. 09-2382
Appellate Information
Appeal from the United States District Court for the Southern District of Illinois
Decided December 14, 2009
Judges
Before: Easterbrook, Chief Judge, Rovner and Sykes, Circuit Judges
Opinion by Easterbrook, Chief Judge