Unjust Federal Mandatory Minimun Sentence
8 years for robbery + 205 years for gun = 213 year MINIMUM sentence
Federal mandatory Minimums eliminated all judicial discretion at Adam's sentencing.
Adam's U.S. Sentencing Guideline "range" was from 8 to 10 years. Instead he received a "life" sentence.
The Math
8 years for all Hobbs Act convictions + 5 years for the first § 924 (c) conviction
+ 25 years for second § 924 (c) conviction
+ 25 years for third § 924 (c) conviction
+ 25 years for fourth § 924 (c) conviction
+ 25 years for fifth § 924 (c) conviction
+ 25 years for sixth § 924 (c) conviction
+ 25 years for seventh § 924 (c) conviction
+ 25 years for eight § 924 (c) conviction
+ 25 years for ninth § 924(c) conviction
= 213 year mandatory minimum sentence
+ 25 years for second § 924 (c) conviction
+ 25 years for third § 924 (c) conviction
+ 25 years for fourth § 924 (c) conviction
+ 25 years for fifth § 924 (c) conviction
+ 25 years for sixth § 924 (c) conviction
+ 25 years for seventh § 924 (c) conviction
+ 25 years for eight § 924 (c) conviction
+ 25 years for ninth § 924(c) conviction
= 213 year mandatory minimum sentence
Hobbs Act Robbery + § 924 (c) Mandatory Minimum Sentence
I was charged by the United States Attorneys Office and indicted on 9 counts of Committing Hobbs Act Robbery, 9 counts of Conspiracy to Commit Hobbs Act Robbery, and 9 counts of Using a Firearm during a crime of violence (robbery) in violation of §942 (c)
A Hobbs Act Robbery is any robbery that somehow affects the flow of Interstate Commerce. The government is required to prove this minimal effect upon Interstate Commerce in order to justify and sustain federal jurisdiction and prosecution. Furthermore, the government must prove that a defendant did knowingly brandish, possess or discharge a firearm during the commission of the Hobbs Act Robbery in order to initiate the mandatory minimum required by the statute § 942 (c)
After a 7 day jury trial, I was convicted on all 27 counts. At sentencing the judge imposed the minimum guideline sentence of 8 years for each of the 9 Hobbs Act Conspiracy charges and for each of the 9 Hobbs Act Robbery Charges. In accordance with US Sentencing Guidelines, these first 18 counts were grouped together and run concurrently- meaning that I received 8 years total for the first 18 counts.
The remaining § 924(c) (firearm) charges were a bit more complex. On the first charge I was sentenced to a 5 year mandatory minimum which was then run consecutively to the 8 years I'd already received, for a total of 13 years. Now, on the remaining 8 charges I was sentenced on each one to a 25 year mandatory minimum sentence which was required to run consecutively not only to the Hobbs Act (8 years) but to every other § 924 (c) sentence.
A Hobbs Act Robbery is any robbery that somehow affects the flow of Interstate Commerce. The government is required to prove this minimal effect upon Interstate Commerce in order to justify and sustain federal jurisdiction and prosecution. Furthermore, the government must prove that a defendant did knowingly brandish, possess or discharge a firearm during the commission of the Hobbs Act Robbery in order to initiate the mandatory minimum required by the statute § 942 (c)
After a 7 day jury trial, I was convicted on all 27 counts. At sentencing the judge imposed the minimum guideline sentence of 8 years for each of the 9 Hobbs Act Conspiracy charges and for each of the 9 Hobbs Act Robbery Charges. In accordance with US Sentencing Guidelines, these first 18 counts were grouped together and run concurrently- meaning that I received 8 years total for the first 18 counts.
The remaining § 924(c) (firearm) charges were a bit more complex. On the first charge I was sentenced to a 5 year mandatory minimum which was then run consecutively to the 8 years I'd already received, for a total of 13 years. Now, on the remaining 8 charges I was sentenced on each one to a 25 year mandatory minimum sentence which was required to run consecutively not only to the Hobbs Act (8 years) but to every other § 924 (c) sentence.
SPEAK OUT!
