# United States v. Patrick McGuire

> Court of Appeals for the Seventh Circuit · August 30, 2016 · 835 F.3d 756

URL: https://www.frixlaw.com/law-library/cases/9835819

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Patrick S. MCGUIRE, Defendant-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** August 30, 2016
- **Citations:** 835 F.3d 756; 2016 U.S. App. LEXIS 16063; 2016 WL 4527557
- **Precedential status:** Published
- **Opinion:** Concurrence by Hamilton
- **Judges:** Rovner, Sykes, Hamilton
- **Nature of suit:** criminal
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9835819

## Opinion text

HAMILTON, Circuit Judge,
concurring.
While I dissented in United States v. Hurlburt, No. 14-3611, 835 F.3d 715 (7th Cir. 2016) (en banc), it is now the law of the circuit. As Judge Sykes explains, it requires a remand in this case for re-sentencing. On remand, however, the district judge will have the power and the right to impose the same sentence she did in the first place. See Hurlburt, 835 F.3d at 728-29 (Hamilton, J., dissenting). The advice from the Sentencing Guidelines will be different on remand, but that should not necessarily change the judge’s assessment of the relevant sentencing factors under 18 U.S.C. § 3553 (a). In particular, the criminal history provisions in the Guidelines have always been somewhat arbitrary. (For example, a defendant receives the same three points for a bar fight that produced a fourteen-month sentence and a first-degree murder conviction. See U.S.S.G. § 4A1.1.) That’s why the Guidelines have always encouraged departures on the basis that a defendant’s guideline calculation of criminal history is under- or over-representative. U.S.S.G. § 4A1.3. On remand, the judge needs to exercise her judgment under § 3553(a).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9835819. Public record. Not legal advice.