(Download) "United States v. Alvarez" by United States Court of Appeals for the Seventh Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Alvarez
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 27, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
BAUER, Chief Judge. This case presents a series of challenges to the application of Federal Sentencing Guideline § 4B1.1, the Career Offender Guideline. Under this provision, certain defendants with multiple past convictions who now face sentencing for a ""crime of violence"" or a ""controlled substance offense"" incur significantly enhanced sentences. Defendant Edwin Alvarez was convicted of a single violation of 18 U.S.C. § 922(g)(1), the statute making it a federal crime for a convicted felon to knowingly possess a firearm. Due to the circumstances of his crime and his lengthy criminal history, Alvarez was sentenced, pursuant to the Federal Sentencing Guidelines, to 30 years in prison without possibility of parole. Alvarez appeals, contending that the district court improperly considered the specific facts of his case rather than the general elements of § 922(g) in determining that he had committed a ""crime of violence"" for purposes of Guideline § 4B1.1. Beyond this, Alvarez contends that § 4B1.1 as applied constitutes both ""cruel and unusual punishment"" for purposes of the eighth amendment and a violation of the double jeopardy clause of the fifth amendment. Because we believe the district court's sentence is proper under the Guidelines and that no constitutional violation occurred, we affirm.