United States Seventh Circuit

Sentencing court may not impose an enhancement under USSG 2B3.1(b)(2)(C), which imposes a five-level enhancement for use of a gun during a bank robbery, on defendant on assumption that all bank robberies use a gun or use of a gun is probable.

Appellate Information

• Argued 10/29/2001
• Decided 11/29/2001
• Published 11/29/2001

Judges

• POSNER, Circuit Judge., Before FLAUM, Chief Judge, and POSNER and DIANE P. WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Winfield D. Ong,Office of the U.S. Atty., Indianapolis, IN, for Plaintiff-Appellee., Eric M. Schwing (argued), Office of the Federal Publlic Defender, Springfiled, IL, Richard H. Parsons,Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.