United States Seventh Circuit

Sentence for multiple charges resulting from the sale of display fireworks without a license is affirmed over defendant's arguments that: 1) the district court erroneously concluded that display fireworks are "explosives" and erred by increasing defendant's sentence for possessing more than 1,000 pounds of display fireworks; 2) the government offered insufficient evidence to support defendant's sentencing enhancements as a leader of the scheme and for the use of a minor in the criminal activity; 3) the district court's enhancements for use of a minor and acting as a leader or organizer constituted impermissible double counting; 4) the district court erred by enhancing his sentence for providing false testimony; and 5) the sentence was unreasonable.

Appellate Information

• Argued 12/05/2006
• Decided 03/12/2007
• Published 03/13/2007

Judges

• FLAUM, Circuit Judge., Before FLAUM, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robert N. Trgovich, Office of the United States Attorney, Fort Wayne, IN, Barbara T. Wells (argued), Department of Justice, Civil Division, Consumer Litigation, Washington, DC, for Plaintiff-Appellee., Mark D. Stuaan (argued), Barnes & Thornburg, Indianapolis, IN, for Defendant-Appellant.