United States Seventh Circuit

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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.

Appellate Information

  • 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.
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