Attorney(s) appearing for the Case
Donald J. Schmid (submitted), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee.
Donald J. Berger, Berger, James & Gammage, South Bend, IN, Robert Booker, Pekin, IL, pro se, for Defendant-Appellant.
Before EASTERBROOK, DIANE P. WOOD, and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
A jury convicted Robert Booker of operating a crack distribution house, and of possessing crack cocaine with intent to distribute that substance, but acquitted him of using a gun during these crimes in violation of 18 U.S.C. § 924(c). At sentencing, the prosecutor asked the district judge to add two offense levels under U.S.S.G. § 2D1.1(b)(1), on the ground that Booker possessed a firearm. The judge refused, giving the jury's acquittal on the...
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