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U.S. v. BOOKER

Nos. 96-2994, 96-3142.

115 F.3d 442 (1997)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Robert BOOKER, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1997.

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.

PER CURIAM.

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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