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Wednesday, December 17, 2014

U.S. Court of Appeals for the Seventh Circuit

Daily Opinion Summaries


Summaries for December 17, 2014
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United States v. Jones

Docket: 13-3673Opinion Date: December 16, 2014
Areas of Law: Criminal Law
Jones pleaded guilty to conspiracy to distribute crack cocaine. Other charges were dismissed. Jones qualified for the safety valve and retroactive amendment to the USSG, resulting in a 46-month sentence, followed by five years of supervised release. Six months after his release, he was caught driving on a suspended license and charged with obstructing an officer. The court required community service and a cognitive behavioral therapy program. Jones accomplished both, but later resisted an officer during a traffic stop, was charged with aggravated battery for a bar fight, and was charged with battery for another fight. His girlfriend evicted him. The probation officer directed Jones to report, but he failed to do so. He drifted and did not report, failing to file four monthly probation reports. After he was found, Jones’s urine tested positive for marijuana. A petition to revoke supervised release noted the possibility of a three-year prison sentences. Jones’s attorney emphasized the relatively minor nature of the violations and that Jones was recovering from surgery, had established a stable residence, had completed a welding program, a substance-abuse evaluation, and a cognitive behavioral therapy program. The court announced a sentence of four months—the bottom of the Guidelines range, followed 36 months of supervised release. Jones stated that he thought, by pleading guilty, that he would not have continued supervised release. Jones completed the imprisonment sentence. The Seventh Circuit affirmed the supervised release sentence.
http://j.st/4ZKbView Case
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Sierra Club v. United States Envtl. Prot. Agency

Docket: 12-3143Opinion Date: December 16, 2014
Areas of Law: Environmental Law, Government & Administrative Law
Sierra Club challenged the Environmental Protection Agency’s decisions to redesignate three geographic areas—Milwaukee-Racine, Greater Chicago, and the Illinois portion of the St. Louis area—as having attained the 1997 National Ambient Air Quality Standards for ozone under the Clean Air Act, 42 U.S.C. 7401. The CAA mandates that before redesignating an area, EPA must confirm not just that ozone in an area dropped below a certain level, but also that the improvement in air quality resulted from “permanent and enforceable reductions in emissions.” EPA interprets that edict to require a finding that the requisite ozone drops are “reasonably attributable” to permanent and enforceable reductions. Sierra Club argued that the Agency acted arbitrarily and capriciously in making this causation finding in each of the redesignations. The Seventh Circuit denied a petition for review. EPA demonstrated that it “examined the relevant data and articulated a satisfactory explanation for its action including a rational connection between the facts found and the choice made, that the Agency’s decision was based on a consideration of the relevant factors, and that the Agency has made no clear error of judgment.”
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