United States v. Sean Patrick
2013 U.S. App. LEXIS 3183
| 7th Cir. | 2013Background
- Patrick engaged in pimping, trafficking minors and adults for prostitution over several years.
- In May 2010 he was arrested for the shooting death of a Milwaukee rival pimp.
- He pled guilty in federal court to four sex-trafficking counts and was sentenced to 360 months.
- Patrick provided cooperation: in state proceedings he testified against another defendant; a letter from the state attorney praised this cooperation.
- He cooperated in the federal case and acknowledged wrongdoing, with the government requesting a 300-month sentence concurrent with the state sentence.
- The district court imposed 360 months consecutive to the 20-year state sentence, with minimal explanation of why cooperation failed to receive the requested discount and why a life-equivalent term was chosen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence complies with 3553(a) factors | Patrick | Patrick argues the court did not meaningfully consider 3553(a) factors, especially cooperation | Remanded for resentencing to address 3553(a) considerations |
| Whether the court gave adequate explanation for sentencing decision | Patrick argues lack of explanation for discount for cooperation | Court did not sufficiently explain rejection of government recommendation and weight of cooperation | Remanded for further explanation on the cooperation-based sentence |
Key Cases Cited
- Rita v. United States, 551 U.S. 338 (2007) (requires meaningful explanation of sentencing decision under 3553(a))
- Gall v. United States, 552 U.S. 38 (2007) (provides framework for reviewing reasonableness of sentence within guideline range)
- United States v. Cooper, 591 F.3d 582 (7th Cir. 2010) (procedural review of sentencing for §3553(a) considerations)
- United States v. Figueroa, 622 F.3d 739 (7th Cir. 2010) (requires adequate explanation and prevents reliance on extraneous factors)
- United States v. Miranda, 505 F.3d 785 (7th Cir. 2007) (discusses need to address defendant's mitigating arguments)
- United States v. Cunningham, 429 F.3d 673 (7th Cir. 2005) (requires consideration of nonfrivolous arguments and rationale for rejection)
- United States v. Wurzinger, 467 F.3d 649 (7th Cir. 2006) (death-in-prison considerations inform sentencing proportionality)