U.S. v. Bennett, 05-3709
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.
- Argued 02/14/2006
- Decided 08/29/2006
- Published 08/29/2006
- BAUER, Circuit Judge., Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- 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.