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United States Seventh Circuit


US v. SHEARER, 03-4004

Plaintiff's conviction for use of illegal fireworks is affirmed, however, his sentence is remanded according to Blakely v. Washington, which states that a defendant has the right to have a jury decide factual issues that will increase the defendant's sentence.

Appellate Information

  • Argued 06/04/2004
  • Decided 08/12/2004
  • Published 08/12/2004

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Barbara T. Wells (argued), Washington, DC, Plaintiff-Appellee., Mark D. Stuaan (argued), Barnes & Thornburg, Indianapolis, IN, for Defendant-Appellant.
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