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DUCATO v. U.S.

No. 02-2044.

315 F.3d 729 (2002)

Philip DUCATO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 18, 2002.

Attorney(s) appearing for the Case

Jeffrey N. Cole, William A. Zolla, II (argued), Cole & Staes, Chicago, IL, for Petitioner-Appellant.

Edmond E. Chang (argued), Office of the U.S. Atty., Civ. Div., App. Sec., Chicago, IL, for Respondent-Appellee.

Before POSNER, COFFEY, and MANION, Circuit Judges.

POSNER, Circuit Judge.

The defendant was convicted by a jury of conspiracy to possess cocaine with intent to distribute it, and was sentenced to 151 months in prison after the district judge increased his base offense level because she found that he had possessed a gun during the commission of the offense. U.S.S.G. § 2D1.1(b)(1). After we affirmed the judgment in United States v. Cusimano, 148 F.3d 824 (7th Cir.1998),...

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