United States Seventh Circuit

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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.

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.
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