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United States v. Croom

50 F.3d 433 (1995)

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United States v. Croom

United States Court of Appeals for the Seventh Circuit

50 F.3d 433 (1995)

Facts

Anthony Croom (defendant) had a lengthy criminal record that the court described in colorful language. His convictions included battery and molesting another child as a juvenile, then burglary and other offenses. The burglary conviction prohibited him from possessing guns, but police caught him with a semi-automatic weapon. Ten days after his release, Croom robbed a restaurant with another gun, ordering the staff into the walk-in meat locker and threatening to shoot unless they complied. Croom pled guilty and admitted he always had guns while out on parole. The judge sentenced him to more than 11 years in prison, exceeding the U.S. Sentencing Guidelines range. The judge explained that the guidelines did not count two of Croom’s juvenile convictions, that his gun offenses occurred in rapid succession, and that Croom’s criminal-history category of IV did not adequately reflect the seriousness of his past crimes or likelihood of committing other crimes. The judge did not identify which factors he believed the Sentencing Commission did not adequately take into consideration and departed upward to a category VI criminal history without explaining why he skipped category V. Effectively the departure gave Croom two more years in prison. Croom appealed.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

Concurrence (Rovner, J.)

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