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.