United States Seventh Circuit

District court's imposition of a maximum sentence of 120 months upon a defendant convicted of possessing an unregistered sawed-off shotgun pursuant to a plea agreement, is affirmed where: 1) although the government concedes breach in failing to move for a reduction to defendant's offense level pursuant to sentencing guidelines section 3E1.1(b), defendant has not demonstrated that he was prejudiced by the violation and the court finds no miscarriage of justice; and 2) any procedural flaws in the sentencing hearing are harmless.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• United States Seventh Circuit

Counsel