U.S. v. BURNETT

No. 95-1716.

66 F.3d 137 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy R. BURNETT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1995.


Attorney(s) appearing for the Case

Byron G. Cudmore, Asst. U.S. Atty. and Rodger A. Heaton, Asst. U.S. Atty. (argued), Office of the United States Attorney, Springfield, IL, for plaintiff-appellee.

David B. Mote (argued), Springfield, IL, for defendant-appellant.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.


EASTERBROOK, Circuit Judge.

We confront at the outset of this case a jurisdictional question: whether a defendant may appeal the computation of his sentencing range, when he already has a sentence below the lower bound of the range he thinks is right. Surprisingly, none of the courts of appeals has addressed this question, although dictum from the Supreme Court implies an answer.

Details of this case matter little to the jurisdictional inquiry, but the pattern...

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