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U.S. v. SCHMITZ

No. 11-3269.

717 F.3d 536 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Francis Alan SCHMITZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 2013.

Attorney(s) appearing for the Case

Edward G. Kohler (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Carol A. Brook , Paul Flynn (argued), Attorney, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before BAUER, ROVNER, and HAMILTON, Circuit Judges.

ROVNER, Circuit Judge.

Defendant-Appellant Francis Alan Schmitz pleaded guilty to a charge of mail fraud and was ordered to serve 84 months in prison, a term slightly below the low end of the sentencing range advised by the Sentencing Guidelines. Schmitz contends that the district court committed two errors in sentencing him: (1) a procedural error, when it failed to address his contention that "factor creep" in the Guidelines has inflated beyond reason the sentencing...

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