USA v. Thomas Cureton
Filed opinion of the court PER CURIAM. The district court has complied with the terms of our limited remand. We see no need for further proceedings in this case on the subject of Dean. The judgments of the district court, including the 444-month total term of imprisonment, are AFFIRMED. Frank H. Easterbrook, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. [6916712-1]  [15-3575, 15-3581]
United States Court of Appeals
For the Seventh Circuit
Nos. 15-3575 & 15-3581
UNITED STATES OF AMERICA,
Appeals from the United States District Court for the
Southern District of Illinois.
Nos. 10-CR-30106 & 10-CR-30200 — David R. Herndon, Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
DECIDED APRIL 10, 2018
Before EASTERBROOK, KANNE, and HAMILTON, Circuit
PER CURIAM. In his third round of appeals, we aﬃrmed defendant Cureton’s convictions and sentences for using a ﬁrearm during a crime of violence and related crimes. United
States v. Cureton, 845 F.3d 323 (7th Cir. 2017). The Supreme
Court remanded for reconsideration in light of Dean v. United
States, 137 S. Ct. 1170 (2017), which disapproved our circuit
Nos. 15-3575 & 15-3581
precedents such as United States v. Roberson, 474 F.3d 432 (7th
Cir. 2007), barring judges sentencing defendants under 18
U.S.C. § 924(c) and other crimes from considering the mandatory minimum sentence under § 924(c) when deciding the
sentences for other crimes.
We then remanded to the district court for the limited purpose of giving that court an opportunity to determine
whether it would have imposed the same sentence on Cureton, now knowing that in light of Dean, it may consider the
mandatory sentence under § 924(c) when deciding the sentences for other crimes. United States v. Cureton, 882 F.3d 714
(7th Cir. 2018). The district court solicited and reviewed briefs
from the parties and acted promptly.
On March 21, 2018, the district judge issued an order explaining that he saw no basis for reducing Cureton’s sentence.
Judge Herndon quoted his own comments in resentencing
Cureton and Judge Murphy’s comments at Cureton’s original
sentencing. Both judges focused on the extraordinary viciousness of Cureton’s crimes, including the kidnapping and torture of the woman who was his victim. The order on limited
remand referred to Cureton’s “extreme” capacity for “violence and depravity” and said that any lower sentence would
not be suﬃcient to serve the purposes of 18 U.S.C. § 3553(a).
The district court has complied with the terms of our limited remand. We see no need for further proceedings in this
case on the subject of Dean. The judgments of the district
court, including the 444-month total term of imprisonment,
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?