United States Seventh Circuit

Sentence for conspiracy to distribute crack cocaine is vacated and remanded where the district court erred in including prior convictions for Loitering-Illegal Drug Activity in its sentencing calculations since loitering offenses are never calculated and the loitering offense in question is no different for sentencing purposes than a normal loitering offense.

Appellate Information

• Decided 10/20/2006
• Published 10/20/2006

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jonathan H. Koenig (argued), Michelle L. Jacobs, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Christopher M. Bailey (argued), Bailey Law Office, LLC, Milwaukee, WI, for Defendant-Appellant.