U.S. v. SCHMEILSKI

No. 04-2014.

408 F.3d 917 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin W. SCHMEILSKI, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 2005.


Attorney(s) appearing for the Case

Thomas A. Keith (argued), Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellee.

George F. Taseff (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before BAUER, MANION, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

Kevin Schmeilski appeals the sentence he received after pleading guilty to unlawful production of child pornography, unlawful possession of child pornography and criminal forfeiture. We reject his argument that the application of both U.S.S.G. §§ 2G2.1(c)(1) and 4B1.5 to his sentence constitutes impermissible double counting. In light of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738,...

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