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U.S. v. FRAZER

No. 03-4351.

391 F.3d 866 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. David FRAZER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 7, 2004.

Attorney(s) appearing for the Case

K. Tate Chambers (argued), Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

Robert A. Alvarado (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before POSNER, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

This case concerns an upward adjustment under the federal sentencing guidelines that is unaffected by the uncertainty created in the wake of Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, 375 F.3d 508 (7th Cir.2004), cert. granted, ___ U.S. ___, 125 S.Ct. 11, 159 L.Ed.2d 838 (2004).

David Frazer pled guilty to a...

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