SCOTT v. U.S.

No. 91-3413.

997 F.2d 340 (1993)

Phillip D. SCOTT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1993.


Attorney(s) appearing for the Case

Phillip D. Scott, pro se.

Steven M. Biskupic, Asst. U.S. Atty., Milwaukee, WI, for respondent-appellee.

Before POSNER, FLAUM, and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

In 1990 Phillip D. Scott was sentenced to 57 months' imprisonment. He did not appeal. In 1991 he filed a petition under 28 U.S.C. § 2255, contending that the district judge had misapplied the Sentencing Guidelines in determining his sentence. The district judge conceded that he should not have increased Scott's criminal history category under U.S.S.G. § 5K2.6 but declined to reduce the sentence, ruling that 57 months is independently...

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