United States Seventh Circuit

In a prosecution of defendant for being a felon in possession of a firearm, district court's imposition of a 96 months' sentence is vacated and remanded where: 1) on the record, it cannot be determined that the trial court found that defendant made a particular material false statement with willful intent, sufficient to enhance defendant's sentence for obstructing justice; 2) the record does not reveal an adequate explanation of the chosen sentence; 3) a consecutive sentence was not an abuse of discretion; and 4) any error regarding the court's failure to comply with Federal Rule of Criminal Procedure 32 was harmless.

Appellate Information

• Argued 03/29/2010
• Decided 07/16/2010
• Published 07/16/2010

Judges

• DARRAH

Court

• United States Seventh Circuit

Counsel