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U.S. v. SWIGERT

No. 93-1943.

18 F.3d 443 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory SWIGERT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1994.

Attorney(s) appearing for the Case

Barry R. Elden, Asst. U.S. Atty., Office of the U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, James T. Zuba, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Rockford, IL, for plaintiff-appellee.

John Nelson (argued), Rockford, IL, for defendant-appellant.

Before MANION, KANNE, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

In this case, we must consider whether the district court retained its discretion to impose a sentence composed in part of community confinement or home detention under section 5C1.1(d)(2) of the federal Sentencing Guidelines once the court had approved a Fed.R.Crim.P. 11(e)(1)(C) plea agreement that required it to impose a specific "term of imprisonment." Although the district court indicated its inclination to impose a split...

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