United States Seventh Circuit

Sentence for possession of a firearm by a felon is reversed and remanded where the judge plainly erred by enhancing defendant's sentence based on a finding of aggravated assault, a misdemeanor, and did not make any finding concerning whether defendant had committed aggravated battery, a felony.

Appellate Information

• Argued 02/14/2006
• Decided 08/29/2006
• Published 08/29/2006

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• James E. Crowe, III (argued), Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Renee E. Schooley (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.