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United States Seventh Circuit


US v. Schmitt, 06-2207

Sentence for possession of child pornography is affirmed where the district court correctly rejected defendant's argument about disparities between federal and state sentences, but vacated and remanded where it was not clear whether the district court approached the sentencing guidelines in the manner required by US v. Booker, 543 U.S. 220 (2005), and Rita v. US, 127 S.Ct. 2456 (2007).

Appellate Information

  • Argued 06/05/2007
  • Decided 08/07/2007
  • Published 08/07/2007

Judges

  • WOOD, Circuit Judge., Before EASTERBROOK, Chief Judge, and MANION and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Kelly B. Watzka (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Richard H. Parsons, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellee.
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