United States v. Schenian

Schenian used and sold illegal drugs. While in jail on drug and firearm charges, he had his girlfriend smuggle drugs to him. His plea bargain included an agreement that the prosecutor would recommend a sentence of 144 months. Schenian told the judge that he had decided to turn his life around. The prosecutor stated that a urine sample collected the evening before sentencing showed that Schenian had one unauthorized drug in his system. The judge imposed a sentence of 144 months’ imprisonment, within the Guidelines range of 135-168 months. The prosecutor had misinterpreted the test. The lab report concluded that Schenian had not been on drugs at the time of the test. Eight days later, the prosecutor sent letters to the court and Schenian’s lawyer disclosing the error. The district court stated that it remained “convinced that the original sentence ... was sufficient but not greater than necessary to accomplish the purpose of sentencing. None of the facts contained in that letter would lead the Court to alter its decision.” The court also denied resentencing under Fed. R. Crim. P. 35(a), citing the goals in 18 U.S.C. 3553. The Seventh Circuit affirmed. If the judge did not rely on false information, there was no judicial error to be corrected under Rule 35(a). View "United States v. Schenian" on Justia Law