HAWKINS v. U.S.

No. 11-1245.

706 F.3d 820 (2013)

Bernard HAWKINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 2013.


Attorney(s) appearing for the Case

Julius L. Loeser , James R. Thompson, Jr. , Thomas G. Weber , Sean G. Wieber (argued), Attorneys, Winston & Strawn LLP, Chicago, IL, for Petitioner-Appellant.

Gary Bell , David E. Hollar (argued), Attorneys, Office of the United States Attorney, Hammond, IN, for Respondent-Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

This appeal from the denial of a motion under 28 U.S.C. § 2255 to set aside the sentence in a federal criminal case presents the question whether an error in calculating the applicable guidelines sentencing range can be corrected in a postconviction proceeding, now that the guidelines are merely advisory rather than, as they formerly were, mandatory.

Bernard Hawkins has a long, long history of violent crimes, gun offenses, escapes...

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