United States Seventh Circuit

Sentence for firearms possession is vacated and remanded for resentencing where the district court erred in deeming defendant ineligible for a mitigating role reduction under U.S.S.G. sec. 3B1.2. as his role in the offense was minimal or minor when looked at as part of a broader criminal scheme. Co-defendant Lumsden's sentence is affirmed where the court properly enhanced his offense level based on his possession of a weapon in connection with another offense.

Appellate Information

• Decided 04/21/2009
• Published 04/21/2009

Judges

• ROVNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and ROVNER and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• David E. Bindi, Attorney, Office of the United States Attorney, Chicago, IL, Joseph C. Pedersen, Attorney (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Kristin Kurczewski, Attorney (argued), Stephen R. Swofford, Attorney, Hinshaw & Culbertson, Chicago, IL, for Defendants-Appellants.