U.S. v. MYKYTIUK

No. 04-1196.

415 F.3d 606 (2005)

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

United States Court of Appeals, Seventh Circuit.

Decided July 7, 2005.


Attorney(s) appearing for the Case

Robert A. Anderson, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

David A. Geier, Larowe, Gerlach & Roy, Madison, WI, for Defendant-Appellant.

Before POSNER, ROVNER, and WOOD, Circuit Judges.


WOOD, Circuit Judge.

On January 14, 2004, Robert Mykytiuk was convicted of possessing pseudoephedrine with intent to manufacture methamphetamine, see 21 U.S.C. § 841(c)(2), and for possessing a firearm in furtherance of drug trafficking, see 18 U.S.C. § 924(c)(1)(A). Understandably treating the Sentencing Guidelines as mandatory, the district court enhanced Mykytiuk's sentence on the basis of facts found by a preponderance of the evidence, ultimately imposing...

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