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In The Courts

By ALM Staff | Law Journal Newsletters |
February 06, 2004

Seventh Circuit Limits Scope of 'Prior Administrative Order' Sentencing Guideline

In United States v. Wallace, 2004 WL 103315 (7th Cir. Jan. 23, 2004), the Seventh Circuit held that a “Statement of Voluntary Discontinuance,” signed by the defendant to assure the U.S. Postal Inspection Service that he would stop sending bad checks through the U.S. mail, did not constitute a prior administrative order, injunction, or process of the sort that should trigger a two-level sentence enhancement under U.S.S.G. ' 2B1.1(b)(7), after his conviction for subsequent acts of mail fraud. Section 2B1.1(b)(7) provides that, “[i]f the offense involved … a violation of any prior, specific judicial or administrative order, injunction, decree, or process not addressed elsewhere in the guidelines … increase by 2 levels.”

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