United States v. Devin Dawson

980 F.3d 1156
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 19, 2020
Docket20-1233
StatusPublished
Cited by24 cases

This text of 980 F.3d 1156 (United States v. Devin Dawson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Devin Dawson, 980 F.3d 1156 (7th Cir. 2020).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1233 UNITED STATES OF AMERICA, Plaintiff-Appellee, v.

DEVIN DAWSON, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:16-cr-00805 — Ronald A. Guzmán, Judge. ____________________

ARGUED SEPTEMBER 23, 2020 — DECIDED NOVEMBER 19, 2020 ____________________

Before HAMILTON, SCUDDER, and ST. EVE, Circuit Judges. ST. EVE, Circuit Judge. Devin Dawson violated the condi- tions of his supervised release after his release from prison. One of Dawson’s violations was possessing a loaded, semiau- tomatic firearm. That violation separately resulted in state criminal charges. The state charges were still pending when the federal district court in this case revoked Dawson’s super- vised release and imposed a new 24-month prison term. On appeal, Dawson says the district court chose its 24-month 2 No. 20-1233

sentence—the statutory maximum—to punish him for pos- sessing the firearm, when it should have focused on his breach of the court’s trust and left any punishment to the state-court system. He also submits that the court disregarded his mitigation arguments and the relevant sentencing factors, and that the sentence was plainly unreasonable. We see no er- ror and affirm. I. Background Dawson received his original prison sentence after he pled guilty in the Northern District of Iowa to conspiring to transport stolen property in interstate commerce, in violation of 18 U.S.C. §§ 371 and 2314. This charge arose from Dawson’s role in a shoplifting scheme that targeted hardware and home-improvement stores throughout the Midwest. For his role in the scheme, Dawson received 18 months of prison fol- lowed by three years of supervised release. The sentencing judge ordered Dawson to pay $12,451.52 in restitution to the stores victimized by the shoplifting spree. Dawson got out of prison and began supervised release in July 2018. In Novem- ber 2018, the Northern District of Illinois assumed jurisdiction over Dawson’s supervised release. A. Supervised Release Violations Less than a year after his release from prison, Dawson’s probation officer asked the district court to revoke Dawson’s supervised release because Dawson had violated several of its conditions. The most serious violation was possession of a firearm. Police officers had stopped Dawson and his brother for traffic violations. After making the stop, but before exiting the squad car, the officers saw Dawson—who was sitting in the front passenger seat—bend forward out of sight and then No. 20-1233 3

reappear. When the officers searched the car, they found a loaded 9mm semi-automatic blue steel Glock Model 19 with a 30-round magazine under Dawson’s seat. The officers ar- rested Dawson and he was charged in state court with unlaw- ful use of a weapon and aggravated unlawful use of a weapon. He was later released to home confinement on elec- tronic monitoring. As for the other violations: one was using controlled substances and failing to submit to periodic drug testing. Another was failing to tell probation that he had re- ceived a ticket for running a stop sign and driving without a license. And the last was failing to make restitution payments. A few months later, probation notified the court of a fifth violation, again stemming from a traffic stop. This time, Daw- son had failed to produce a license or proof of insurance and had given the investigating officer his brother’s name and date of birth. The lie did not hold up; Dawson soon confessed his real name and the officer learned that he was driving on a suspended license. The officer searched the car and found an electronic-monitoring device for home confinement in the trunk. The device had been altered to include a battery-based power supply. After Dawson admitted that he was on home confinement, the officer arrested him. Dawson faced addi- tional state criminal charges for this conduct. B. Preliminary Revocation Hearing The district court held two hearings on the revocation of Dawson’s supervised release. The first took place on Decem- ber 4, 2019. At this hearing, the government told the court that the parties had agreed that the government would rely on po- lice reports alone to prove the firearm violation. Dawson, however, insisted that the parties had reached no such agree- ment. After noting the apparent misunderstanding between 4 No. 20-1233

the parties, the court addressed the government as to how it wished to proceed on the firearm violation: [W]hat the government has to do … is to decide: Is a violation of a person on supervised release to the Fed- eral Court, based upon the allegation that he was in possession of a loaded 9 millimeter semiautomatic Glock firearm while he was on supervision sufficiently serious for the government to want to proceed on a vi- olation? Because I will tell you what happens in State Court, is they have 500 of these a day and they do literally nothing. In fact, the last time I had this very same issue before me, the defendant chose to admit the violation, I entered a disposition which included more jail time, and on that basis the State Court dismissed the actual allegations of the State criminal proceeding. So if there is going to be any real sanction for this, in my opinion it will be here, not in the overburdened, overloaded State Courts that have insufficient re- sources or manpower. Given that Dawson did not agree to proceeding by way of proffer, the court gave the government more time to consider whether to call witnesses to prove the firearm violation. C. Final Revocation Hearing The court held the second and final revocation hearing on January 29, 2020. To prove the firearm violation, the govern- ment called one of the officers who stopped Dawson and his brother to testify about finding the firearm under Dawson’s seat. For his part, Dawson called another officer who was in- volved in the stop to testify about his version of the events. No. 20-1233 5

Relying on a supposed contradiction between the officers’ tes- timony, Dawson argued that the government had not proved that he, rather than his brother, possessed the firearm. The court found by a preponderance of the evidence that Dawson had possessed the firearm and thereby violated his super- vised release conditions. Dawson did not contest the other four violations, though he offered context for two of them. On the controlled substances violation, Dawson argued that his missed drug tests were not evidence of drug use because some preceded his release from custody and the rest were sur- rounded by negative tests. On the restitution violation, Daw- son submitted a sworn statement explaining his limited abil- ity to pay. The court found that the government had proved each of the violations. The court moved next to the appropriate sentence for the violations. The advisory Guidelines range was 6 to 12 months in prison. The statutory maximum was 24 months. Dawson’s counsel requested nine months. He stressed the positive aspects of Dawson’s life, including that Dawson was working long hours and taking care of his niece after his brother’s passing, and that he was expecting a child with his girlfriend. Dawson’s counsel reminded the court that the point of a revocation sentence is to sanction a defendant’s breach of trust—not to punish the defendant for the violative conduct. The government and probation recommended 12 months.

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Bluebook (online)
980 F.3d 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-devin-dawson-ca7-2020.