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U.S. v. SIENKOWSKI

No. 03-2099.

359 F.3d 463 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas E. SIENKOWSKI, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Carol L. Kraft (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

Richard H. Parsons, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and MANION and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

This appeal involves the government's objection to the district court's refusal to apply a United States Sentencing Guideline § 3B1.1 role enhancement for the defendant Thomas Sienkowski where the parties had agreed to the enhancement. Section 3B1.1(b) provides for a three-level sentencing enhancement where a defendant is a manager or supervisor of criminal activity involving five or more participants. For the reasons stated herein, the...

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