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U.S. v. BURKE

No. 03-3483.

425 F.3d 400 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. BURKE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Diane MacArthur (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Michael B. Nash (argued), Thomas A. Durkin, Jodi L. Gravey, Durkin & Roberts, Chicago, IL, for Defendant-Appellant.

Before BAUER, EASTERBROOK, and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

Defendant-Appellant Robert Burke was charged in a superseding indictment with six counts of perjury before a grand jury, pursuant to 18 U.S.C. § 1623. A petit jury convicted him of all but the third count, and he was sentenced to 20 years' imprisonment. He challenges both his conviction and his sentence on appeal. We affirm his conviction but vacate his sentence and remand for resentencing pursuant to United States v. Booker, ___...

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