United States v. Sinclair

Sinclair was arrested for driving with a suspended license. The police found a loaded handgun, a distribution quantity of marijuana, and tools of the drug-trafficking trade in his car. Sinclair was indicted for possessing marijuana with intent to distribute, 21 U.S.C. 841(a)(1), possessing a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 924(c), and possessing a firearm as a felon, 18 U.S.C. 922(g)(1). Trial was set to begin on a Tuesday. Six days before trial, Sinclair wrote the judge asking for a continuance to allow his family to hire a private attorney. The judge received the letter on Thursday, docketed it on Friday, and scheduled a hearing for Monday, when he denied the request. The jury convicted Sinclair on all counts. Sinclair’s presentence report recommended grouping the drug count with the felon-in-possession count to determine the offense level, U.S.S.G. 3D1.2. The judge rejected the recommendation. Absent grouping, the offense level was 17 instead of 16. The judge imposed concurrent within guidelines prison terms of 57 months on the drug and felon-in-possession counts and tacked on the mandatory consecutive 60-month term for the 924(c) conviction. The Seventh Circuit affirmed, rejecting an argument that the court violated the Sixth Amendment right to counsel of choice by denying a continuance and a challenge to the decision not to group the counts. The guidelines specifically provide that enhancements for firearm possession do not apply when the defendant is also convicted of violating section 924(c), which carries a mandatory consecutive sentence.View "United States v. Sinclair" on Justia Law