United States Seventh Circuit

Sentence for distributing cocaine is vacated and remanded to the district court where the government did not meet its burden of proving that relevant conduct used to enhance defendant's sentence was part of the same course of action or common scheme or plan that gave rise to the defendant's conviction.

Appellate Information

• Argued 11/30/2006
• Decided 02/28/2007
• Published 02/28/2007

Judges

• TERERCE T. EVANS, Circuit Judge., Before POSNER, KANNE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• April M. Perry (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Robert A. Loeb (argued), Chicago, IL, for Defendant-Appellant.