Wherrrreeee's Johnny

United States v. Luepke came down from the Seventh Circuit today. In one of the stranger decisions I've read in awhile, Judge Shabaz from the WDW was reversed on sentencing for not giving the defendant a meaningful opportunity to speak to his sentence. Shabaz said the sentence was going to be 240 months before defendant had a chance to speak, then asked him if he wanted to speak before the sentence was "imposed". Even reviewing for plain error didn't stop Judge Ripple from rocking Shabaz's boat:

[W]e must conclude that the district court erred in announcing a definitive sentence without first inviting Mr. Luepke to speak. We also conclude that the district court’s later invitation to speak cannot be characterized as an adequate repair of the damage. Given the explicit guidance in Barnes, this error is plain.

JP has a sneaking suspicion that the Seventh Circuit is trying to tell Judge Shabaz that his most judicious years are perhaps in his past. A judge got reversed on plain error for a sentence that was right in the middle of the unappealed sentencing guidelines calculation (the range was 210-262 months and dude got 240)? Shabaz is approaching Methuselah in age and maybe should allow younger gavels (appoint Mag. J. Stephen Crocker!) to take his place.