United States v. Smith

A jury convicted Smith, a Putnam County police officer, of violating 18 U.S.C. 242, by subjecting two men to the intentional use of unreasonable and excessive force, and violating their civil rights. Smith’s fellow police officers had testified against him, describing two separate, unwarranted attacks on arrestees who were fully under control. Smith had bragged about his behavior and mocked those who objected. Smith had a prior conviction for misdemeanor battery of a three-year-old child and the child’s mother, who was then Smith’s wife. Smith had not taken responsibility for his actions, had “unaddressed anger control issues,” and had engaged in other misconduct that had not resulted in criminal charges. The district court sentenced Smith to 14 months’ imprisonment, less than half the low end of the guidelines range. The Seventh Circuit affirmed Smith’s conviction but vacated the sentence. On remand, the court again sentenced Smith to 14 months’ imprisonment and again failed to adequately explain or justify the below-guidelines sentence. The Seventh Circuit again vacated and remanded, citing the “thin rationale” for the sentence. The court’s brief mention of the nature and circumstances of the offense affords no basis to review its exercise of discretion. View "United States v. Smith" on Justia Law