United States Seventh Circuit

Sentence for being illegally in the United States after having been deported is affirmed where the court did not err in applying a 16-level increase in defendant's offense level under the Sentencing Guidelines, and is not required to consider the argument that the guideline is invalid and unworthy of application because it was promulgated without adequate deliberation by the Sentencing Commission.

Appellate Information

• Argued 07/07/2009
• Decided 08/03/2009
• Published 08/03/2009

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Yusef Dale, Special Assistant U.S. Attorney (argued), Marc Jones (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Piyush Chandra, Attorney (argued), Terence F. Maccarthy, Attorney, Office of the Federal Defender Program, Chicago, IL, Andrew J. McGowan, Attorney (argued), Richard H. Parsons, Attorney, Office of the Federal Defender, Peoria, IL, for Defendant-Appellant.