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United States v. Lockwood

United States Court of Appeals, Seventh Circuit

November 1, 2016

United States of America, Plaintiff-Appellee,
v.
Lloyd B. Lockwood, Defendant-Appellant.

          Argued September 22, 2016

         Appeal from the United States District Court for the Central District of Illinois. No. 2:12-cr-20070 - Harold A. Baker, Judge.

          Before Bauer, Posner, and Manion, Circuit Judges.

          Manion, Circuit Judge.

         This case returns for a second time. Lloyd Lockwood appeals his 120-month sentence for possession of a destructive device. Previously, we vacated Lock-wood's first sentence of the same length. This time, for the reasons set forth below, we affirm.

         I. Background

         A. Conviction and First Sentencing[1]

         In an attempt to gain an advantage in a family dispute, Susie Curtis asked her longtime friend Lloyd Lockwood to place a package in her brother's truck and then report to the police that it contained a bomb. Lockwood agreed to do it, but upon arrival at the brother's house, he failed to locate the truck. As a result, Lockwood decided to place the bomb in the brother's mailbox. He then immediately called the police and reported that the brother had a bomb and planned to blow up his office. An initial bomb-squad search turned up nothing, but Curtis's sister-in-law discovered the package in the couple's mailbox later that day. Authorities determined that the package contained a pipe bomb that was incapable of detonation because it was not connected to a power source.

         After reviewing Curtis's phone records, federal agents zeroed in on Lockwood. The government eventually charged him with possession of a destructive device. Before trial, Lockwood stipulated that the pipe bomb qualified as a destructive device under federal law. As a result, he necessarily staked his entire defense at trial on his supposed ignorance that the package contained a bomb. The jury was unconvinced and convicted him.[2]

         The district court sentenced Lockwood to the statutory maximum 120 months' imprisonment, well above the Guidelines range of 33-41 months. The court concluded that Lock-wood had to be incapacitated, but it based that finding on only a short, non-detailed description of Lockwood's criminal history and a cursory discussion of the crime of conviction. See Lockwood I, 789 F.3d at 778-79.

         On appeal, we affirmed his conviction but vacated his sentence. We held that the district court did not explain adequately "why Lockwood is different from the vast majority of defendants" who receive within-Guidelines sentences. Id. at 782. In short, the district court's description of Lockwood's crime and brief notation of his "extensive criminal record" was insufficient to show why Lockwood should receive a sentence nearly three times the top of the Guidelines range. Id.

         B. Resentencing

         On remand, the district court again imposed a 120-month sentence. This time, however, it detailed its justification in a lengthy sentencing order. The court recounted testimony from Lockwood's ex-wife and her sister, both of whom spoke about Lockwood's propensity for violence that continued even while he was on pretrial release in this case. Although Lockwood's criminal history category was I, the court found that "his Guideline criminal history and criminal history category do not reflect the full magnitude of his criminal conduct." It extensively detailed his troubling history, which includes several domestic incidents wherein he threatened to kill women, one of which resulted in a conviction for aggravated arson when he burned down a girlfriend's apartment building. See People v. Lockwood, 608 N.E.2d 132 (111. Ct. App. 1992).

         Ultimately, the district court concluded that Lockwood should be incapacitated for a significant time to protect the public and those closest to him. Based on the evidence and Lockwood's demeanor, the court deemed Lockwood a "sociopath" who showed little remorse for his actions and had made a lifetime of excuses for criminal behavior. Since the court held "very little hope for Lockwood's rehabilitation or behavior modification/' it sentenced him to the ten-year maximum. Again, Lockwood timely appealed.

         II. ...


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