United States v. Louis Johnson
2012 U.S. App. LEXIS 13893
| 7th Cir. | 2012Background
- Defendant, former bailiff and nightclub owner, pleaded guilty to possession of a firearm by an unlawful user of controlled substances and possession of an unregistered firearm.
- Judge sentenced him to 78 months, bottom of a 78–97 month guideline range.
- Defense counsel filed an Anders brief seeking to withdraw, arguing no colorable ground for appeal.
- At sentencing the judge considered life expectancy data, finding a 70-year-old black male’s life expectancy about 12.4 years.
- Court discussed aging effects on crime and deterrence, and whether life expectancy could justify a downward departure; the district court’s reasoning was considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May age and life expectancy justify downward departure? | United States argues age alone does not require departure; life expectancy is not a basis to shorten beyond guidelines. | Defendant argues elderly status and age-related data support a downward departure or shorter sentence. | No downward departure required; sentence reasonable. |
| Should life-expectancy statistics affect sentencing as creating a de facto life sentence? | Life expectancy data could pressure up or down based on average outcomes, affecting sentence length. | Life-expectancy figures do not convert a term of years into a de facto life sentence. | Life expectancy does not render the sentence a de facto life sentence; statistics carry residual uncertainty and are not controlling. |
Key Cases Cited
- United States v. Bullion, 466 F.3d 574 (7th Cir. 2006) (aging and criminal behavior considerations in sentencing; downstream cases cited)
- United States v. Martin, 63 F.3d 1422 (7th Cir. 1995) (de facto life sentence concerns due to age considerations)
- Jones v. United States, 529 U.S. 848 (2000) (abrogation on other grounds related to life-sentence considerations)