United States Seventh Circuit

Defendant successfully challenged his sentence on grounds that the district judge incorrectly made several factual findings based on a preponderance of the evidence standard, and used these finding to support sentence enhancements, which is a violation of defendant's Sixth Amendment rights.

Appellate Information

• Argued 05/27/2004
• Decided 08/02/2004
• Published 08/02/2004

Judges

• FLAUM, Chief Judge., Before FLAUM, Chief Judge, and MANION and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Mullen J. Dowdal (argued), Office of United States Attorney, Madison, WI, for Plaintiff-Appellee., Richard H. Parsons, Andrew J. McGowan (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.