U.S. v. LEE

No. 03-4239.

399 F.3d 864 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus LEE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 25, 2005.


Attorney(s) appearing for the Case

Michael Gurland, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Gerardo S. Gutierrez, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, WOOD, and SYKES, Circuit Judges.


EASTERBROOK, Circuit Judge.

A jury convicted Marcus Lee of possessing a firearm despite a previous felony conviction. 18 U.S.C. § 922(g)(1). His sentence was 120 months' imprisonment; the judge expressed frustration at his inability to impose a higher one, which the statutory maximum forbade. Lee challenges the conviction on the ground that the officer who made the arrest did not find the gun, which was buried deep in a pocket of his cargo pants. Still, the gun...

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