U.S. v. NGO

No. 04-2662.

406 F.3d 839 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Tek NGO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2005.


Attorney(s) appearing for the Case

Timothy M. O'Shea (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Alan G. Habermehl (argued), Kelly & Habermehl, Madison, WI, for Defendant-Appellant.

Before CUDAHY, WOOD and SYKES, Circuit Judges.


CUDAHY, Circuit Judge.

Tek Ngo appeals his sentence of 210 months on the ground that the district court violated the Sixth Amendment by sentencing him as a career offender without presenting the facts underlying his prior convictions to a jury. He also argues, and the government concedes, that in light of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court erred in applying the guidelines...

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