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U.S. v. DEBERRY

No. 09-1111.

576 F.3d 708 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd DEBERRY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2009.

Attorney(s) appearing for the Case

Joshua P. Kolar (argued), Nicholas J. Padilla, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Kerry C. Connor (argued), Indiana Federal Community Defenders, Inc., Hammond, IN, for Defendant-Appellant.

Before POSNER, KANNE, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

The defendant pleaded guilty to being a felon in possession of a gun and was sentenced to 57 months in prison. The only ground of his appeal is that the government should have filed a motion under section 3E1.1(b) of the federal sentencing guidelines, which would have entitled him to a further sentencing discount for acceptance of responsibility.

Section 3E1.1 provides that "(a) If the defendant...

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