U.S. v. AUSTIN

No. 94-2541.

54 F.3d 394 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Donald AUSTIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 1995.

Rehearing Denied June 23, 1995.


Attorney(s) appearing for the Case

Barry Rand Elden, Asst. U.S. Atty., Gillum Ferguson (argued), Office of the U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

Matthew F. Kennelly (argued), Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for defendant-appellant.

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


FLAUM, Circuit Judge.

Defendant Donald Austin was convicted and sentenced to 8½ years for knowingly buying and selling counterfeit works of art. Although we uphold his conviction, the denial of his motion for a new trial, and all but one of the trial court's sentencing determinations, we remand for a reconsideration of whether Austin deserved a sentencing enhancement under the Guidelines for being an "organizer or leader."

I.

Donald Austin owned...

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