Sentence Not Improperly Enhanced Based on Defendant’s Silence, Seventh Circuit Rules
At sentencing, defendants are expected to express remorse for their crimes. Indeed, the defendant who fails to impress the judge with the sincerity of his contrition is apt to face a longer sentence on that basis. But what if the defendant chooses to say nothing at all at sentencing? On the one hand, a judge might infer a lack of remorse from the defendant’s silence. But, on the other, there seems some tension between penalizing a defendant’s failure to speak and the Fifth Amendment privilege against self-incrimination.
The Seventh Circuit addressed this tension earlier today in United States v. Keskes (No. 12-1127) (Tinder, J.). Convicted of mail fraud, Keskes apparently declined the opportunity to allocute at his sentencing. The district judge then made note of this in finding a lack of remorse and increasing Keskes’ sentence on that basis. On appeal, Keskes argued that the sentence violated his right to remain silent. The Seventh Circuit, however, affirmed.