US v. Vrdolyak, 09-1891
Defendant's conviction for conspiracy to commit mail and wire fraud and sentence to five years probation, with a community-service obligation but no confinement and a $50,000 fine, is reversed and remanded as, while a judge can give a below-guidelines sentence, the sentence cannot stand if it is based on a legal, factual, or analytic error that is not harmless as it is in this case.
- Argued 12/10/2009
- Decided 01/29/2010
- Published 01/29/2010
- POSNER, Circuit Judge., Before POSNER, MANION, and HAMILTON, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Christopher S. Niewoehner, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- Barry A. Spevack, Attorney, Monico, Pavich & Spevack, Terence P. Gillespie, Attorney, Chicago, IL, for Defendant-Appellee.