U.S. v. CORBITT

No. 92-3835.

13 F.3d 207 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. CORBITT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1993.


Attorney(s) appearing for the Case

Thomas Scorza, Asst. U.S. Atty., Crim. Div. (argued), Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for U.S.

Candace J. Fabri, Sachnoff & Weaver (argued), John H. Ehrlich, Levin & Funkhouser, Chicago, IL, for Michael J. Corbitt.

Before FLAUM and EASTERBROOK, Circuit Judges, and SKINNER, District Judge.


FLAUM, Circuit Judge.

After a jury found Michael Corbitt guilty of participating in a RICO conspiracy, Corbitt was sentenced under pre-Sentencing Guidelines law to a twenty-year prison term. About two and a half years after this sentence was imposed, the government asked the district court to resentence Corbitt, arguing that his original sentence was illegal because it should have been imposed under the Guidelines. The district court granted the government's motion...

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