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U.S. v. EASTERLY

No. 96-1830.

95 F.3d 535 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Paul Wayne EASTERLY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 1996.

Attorney(s) appearing for the Case

Robert T. Coleman (submitted on briefs), Office of U.S. Attorney, Criminal Division, Fairview Heights, IL, Michael C. Carr, Office of U.S. Attorney, Benton, IL, for Plaintiff-Appellee.

Andrea L. Smith, Office of Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

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

POSNER, Chief Judge.

The only question raised by this criminal appeal from a 20-month sentence for a drug violation is whether the district judge was authorized to add a point to the defendant's criminal history for a misdemeanor conviction of having carried a loaded, uncased firearm in a motor vehicle in violation of the State of Illinois' wildlife code. 520 ILCS 5/2.33(n). If not, the judge made clear, the defendant's sentence would have been 18 months rather than...

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