United States Seventh Circuit

Prior circuit precedent holding that imposition of a multiplicitous concurrent sentence and $100 special assessment "is not a serious enough error to be described as a miscarriage of justice and thus constitute plain error," is overruled as inconsistent with Rutledge v. United States, 517 U.S. 292, 302 (1996).

Appellate Information

• Argued 01/12/2007
• Decided 11/21/2007
• Published 11/21/2007

Judges

• SYKES, Circuit Judge., Before POSNER, WOOD, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jesse M. Barrett (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., William C. O'Neil (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellant.