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United States Seventh Circuit


US v. Gear, 07-4038

District court's sentencing of a felon convicted of possession of firearm to 84 months is vacated and remanded for resentencing where the the sentencing judge miscalculated the recommended range by starting with a base offense level of 20 under U.S.S.G. section 2K2.1(a)(4) based on defendant's state conviction for reckless discharge of a firearm.

Appellate Information

  • Argued 01/05/2009
  • Decided 08/17/2009
  • Published 08/17/2009

Judges

  • PER CURIAM., Before EASTERBROOK, Chief Judge, and POSNER and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Mark Karner (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Daniel T. Cook (argued), Office of the Federal Public Defender, Springfield, IL, Richard H. Parsons, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.
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