U.S. v. SCHLIFER

No. 04-3398.

403 F.3d 849 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James T. SCHLIFER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 2005.


Attorney(s) appearing for the Case

Paul W. Connell (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

T. Christopher Kelly (argued), Kelly & Habermehl, Madison, WI, for Defendant-Appellant.

Before KANNE, EVANS and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

James Schlifer appeals his sentence of 120 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 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 under the prior...

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