This defendant has been re-sentenced before, and while on direct appeal, the United States Supreme Court decided United States v. Dean in the defendant’s favor which overruled prior Circuit precedent that barred the sentencing judge from considering the mandatory minimum sentence of a weapons count in sentencing on other counts.
The defendant urged resentencing here and the Government urged either affirmance or a limited remand so the Ditrict judge can state whether the now overruled circuit precedent played a role in the crafting of the defendant’s sentence.
The Seventh Circuit opted for the last course, ordering a limited remand so the District Judge could state what influenced the Court to see if a resentencing is appropriate.
The case is United States v. Cureton, 15‐3575 and 15‐3581.