Chicago, Illinois 60604 Submitted June 1, 2015 Decided June 3, 2015 Before JOEL M.… v. Jeffrey J. Hussinger

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 1, 2015*
Decided June 3, 2015
Before
JOEL M. FLAUM, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
No. 14-­‐‑2708
UNITED STATES OF AMERICA,
Plaintiff-­‐‑Appellee,
v.
JEFFREY J. HUSSINGER,
Defendant-­‐‑Appellant.
Appeal from the United
States District Court for the
Eastern District of Wisconsin.
No. 12-­‐‑Cr-­‐‑184
Rudolph T. Randa, Judge.
Order
Jeffrey Hussinger pleaded guilty to conspiring to distribute methamphetamine, 21
U.S.C. §§ 841, 846, and to possessing child pornography, 18 U.S.C. §2252A. The district
court sentenced him to concurrent terms of 60 months’ imprisonment, which the judge
repeatedly described as the minimum allowed by law for the drug conviction. But that
belief may have been incorrect. The presentence report had concluded that Hussinger is
* After examining the briefs and the record, we have concluded that oral argument is unnecessary.
See Fed. R. App. P. 34(a); Cir. R. 34(f).

-- 1 of 2 --

No. 14-­‐‑2708 Page 2
eligible for a “safety valve” reduction under 18 U.S.C. §3553(f). See also U.S.S.G. §5C1.2.
The district court never considered that possibility. Hussinger contends that it is a legal
mistake to impose a sentence influenced by a (potentially) incorrect belief that the law
does not allow any shorter term; the United States concurs and confesses error. We
agree with the litigants and remand for further consideration.
The district court’s first order of business on remand will be determining whether
Hussinger satisfies the criteria of §3553(f). The district court also must take account of
our recent decisions that affect both the procedure and substance of conditions of su-­‐‑
pervised release. See, e.g., United States v. Kappes, 782 F.3d 828 (7th Cir. 2015).
The judgment is vacated, and the case is remanded for resentencing.

-- 2 of 2 --