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U.S. v. MELGAR-GALVEZ

No. 97-2791.

161 F.3d 1122 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Juan MELGAR-GALVEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 1998.

Attorney(s) appearing for the Case

Thomas A. Keith (argued), Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

Thomas W. Patton (argued), Office of the Federal Public Defender, Springfield, IL, George F. Taseff, Office of the Federal Public Defender, Peoria, IL, Richard H. Parsons, Office of the Public Defender, Peoria, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, COFFEY and RIPPLE, Circuit Judges.

COFFEY, Circuit Judge.

The defendant-appellant, Juan Melgar-Galvez, while serving a prison sentence at the Federal Correctional Institution at Pekin, Illinois, attacked a corrections officer and was charged with and pled guilty to the charge of assaulting a federal officer. 18 U.S.C. § 111(a)(1). The sentencing judge departed one point upward from the guidelines, stating that the defendant's criminal history was under-represented and that the offense caused a...

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