U.S. v. LEWIS

No. 92-2586.

998 F.2d 497 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Roger D. LEWIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1993.


Attorney(s) appearing for the Case

Joseph Hartzler (argued), Office of U.S. Atty., Springfield, IL, for plaintiff-appellee.

Brian T. Otwell (argued), Huntley & Giganti, Springfield, IL, for defendant-appellant.

Before POSNER, FLAUM and KANNE, Circuit Judges.


KANNE, Circuit Judge.

This case presents the question of whether a district court is bound by policy statements contained in the Sentencing Guidelines. In light of recent Supreme Court precedent, we conclude that a district court must follow policy statements unless they contradict a statute or the Guidelines themselves, and accordingly vacate the defendant's sentence.

I. Background

On September 19, 1988, Roger Lewis pled guilty to two Class B felonies...

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