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U.S. v. LEWIS

No. 94-1317.

41 F.3d 1209 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James F. LEWIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 1994.

Attorney(s) appearing for the Case

Robert Lee Garrison (argued), Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for plaintiff-appellee.

Renee E. Schooley, Federal Public Defender (argued) and Phillip J. Kavanaugh, Office of the Federal Public Defender, East St. Louis, IL, for defendant-appellant.

Before CUDAHY and FLAUM, Circuit Judges, and GRANT, District Judge.

CUDAHY, Circuit Judge.

James Lewis pleaded guilty to three charges involving stolen goods. The charges arose from a truck stop theft of some $70,000 worth of Oscar Mayer hot dogs. The district court sentenced Lewis to three concurrent twenty-seven month terms under the Sentencing Guidelines. The trial judge enhanced Lewis's sentence in two respects. First, he found that Lewis had employed "more than minimal planning" in the theft, thus requiring a two-level enhancement...

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