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U.S. v. HERNANDEZ

Nos. 95-1143, 95-1212.

79 F.3d 584 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. E. HERNANDEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Sylvester BRITT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 18, 1996.

Attorney(s) appearing for the Case

Jordan Loeb (argued), Madison, WI; Phillip J. Kavanaugh and Andrea L. Smith (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendants-Appellants.

James Porter, Office of the United States Attorney, Criminal Division, Fairview Heights, IL and John W. Vaudreuil (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Before CUMMINGS, BAUER, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

These consolidated appeals present a question of first impression in this circuit. Congress has directed the Sentencing Commission to assure that the Sentencing Guidelines specify a sentence of imprisonment "at or near the maximum term authorized" for an adult defendant convicted of a violent crime or felony drug offense and who has at least two prior such convictions. 28 U.S.C. § 994(h). The question is whether by "maximum...

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