United States Seventh Circuit

Sentence for weapons charges is affirmed over defendant's arguments that: 1) facts found at sentencing must be proven beyond a reasonable doubt; 2) conduct considered by a district court in imposing a sentence above the guideline range must be based on factors relevant to the offense of conviction; 3) the district court failed to rule on his pre-sentencing motion; and 4) the prosecutions introduction of new evidence at a second sentence hearing was vindictive.

Appellate Information

• Argued 12/06/2006
• Decided 07/19/2007
• Published 07/19/2007

Judges

• WOOD, Circuit Judge., Before POSNER, RIPPLE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gordon P. Giampietro (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Paul Barrett (argued), Elkhorn, WI, for Defendant-Appellant.