Seventh Circuit Week in Review, Part I: Sentencing Issues

The Seventh Circuit had a busy week, with seven new opinions in criminal cases.  In this post, I will discuss just the three cases that focused on sentencing issues; a later post will cover the other cases.

In United States v. Alldredge (No. 08-2076), the court considered the reach of §2B5.1(b)(5) of the United States Sentencing Guidelines, which increases sentence length in counterfeiting cases if “any part of the offense was committed outside the United States.”  In return for forging forty checks for a Nigerian, Alldredge received $3,000 in fake currency from Canada.  She had not expected to receive fake currency, but decided to spend it anyway, resulting in her conviction for distributing counterfeit currency.  The district court increased her sentence based on the international dimension of the case.  However, as the Seventh Circuit (per Chief Judge Easterbrook) pointed out, none of Alldredge’s conduct occurred outside the United States, and the Guidelines generally make a defendant responsible only for the foreseeable conduct of others.  She did not anticipate that her international connections would provide her with counterfeit currency; indeed, she was in a sense a victim of their crime.  Bearing in mind that Alldredge was only convicted of distributing counterfeit currency (and not check forgery), no part of her offense was committed outside the United States, entitling her to a remand and resentencing.

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Obama and Lincoln’s Bible

Although every presidential inauguration is historically significant, some are more so than others. (Think about Coolidge’s 1925 inaugural — if you can.) President-elect Barack Obama’s upcoming inauguration is important for all the obvious reasons, yet it is intriguing to watch how skillfully he is using history to further underscore its significance while building legitimacy. Putting aside all the tripe about his “team of rivals,” Obama’s announced intent to use Lincoln’s Bible for the oath of office bespeaks how attuned he is to the use of symbols in our political (and legal) culture, particularly Lincoln’s legacy. Lincoln, too, skillfully used American history and religion to explain and to justify his actions.

Lincoln’s Bible resonates at different levels. First, it is deliciously ironic that a Democrat will make the first use of the first Republican president’s Bible since Lincoln himself in 1861. Second, the decision generated considerable press, which in turn subtly emphasizes Obama’s willingness to publicly embrace religion as part of our political discourse. Third, it poignantly ties Obama’s inauguration to the Civil War, the emancipation of the slaves, the country’s continuing struggles over race, and, of course, Lincoln himself. By using Lincoln’s Bible, Obama portrays himself as Lincoln’s heir. Lincoln’s Bible will become Obama’s Bible as well.

As an historian, I applaud Obama’s willingness to consciously craft historical memory and, most of all, his rich appreciation for symbols in American politics.

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Links to New Law Review Articles

Articles from the latest issue of the Marquette Law Review are now available here.  Here is what you will find:

Nantiya Ruan, Accommodating Respectful Religious Expression in the Workplace.

Scott A. Schumacher, MacNiven v. Westmoreland and Tax Advice: Using Purposive Textualism to Deal with Tax Shelters and Promote Legitimate Tax Advice.

Michael W. Loudenslager, Giving Up the Ghost: A Proposal for Dealing With Attorney “Ghostwriting” of Pro Se Litigants’ Court Documents Through Explicit Rules Requiring Disclosure and Allowing Limited Appearances for Such Attorneys.

Barbara O’Brien & Daphna Oyserman, It’s Not Just What You Think, But How You Think About It: The Effect of Situationally Primed Mindsets on Legal Judgments and Decision Making.

Joan Shepard, Comment, The Family Medical Leave Act: Calculating the Hours of Service for the Reinstated Employee.

Charles Stone, Comment, What Plagiarism Was Not: Some Preliminary Observations on Classical Chinese Attitudes Towards What the West Calls Intellectual Property.

Continue ReadingLinks to New Law Review Articles