United States Seventh Circuit

Defendant challenges his sentence on the ground that the sentencing guidelines violate the Sixth Amendment insofar as they permit the judge to find facts, other than those relating to a defendant's criminal history, that determine the defendant's sentencing range and the court agreed, reversing the defendant's sentence.

Appellate Information

• Argued 07/06/2004
• Decided 07/20/2004
• Published 07/20/2004

Judges

• POSNER, Circuit Judge., Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Timothy M. O'Shea,Elizabeth Altman (Argued), Office of the United States Attorney, Madison, WI, Elizabeth Olson (Argued), Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Plaintiff-Appellee., T. Christopher Kelly (Argued), Kelly & Habermehl, Madison, WI, for Defendant-Appellant.