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U.S. v. JACKSON

No. 03-3571.

410 F.3d 939 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James E. JACKSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 2005.

Attorney(s) appearing for the Case

Brian R. Havey (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Richard H. Parsons, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and BAUER and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

James Jackson pled guilty to conspiracy to distribute and possess with intent to distribute cocaine, and he was sentenced to 121 months' custody. Jackson now appeals and brings statutory and constitutional challenges to his sentence. We find that the district court incorrectly calculated Jackson's sentence by failing to cap his offense level at 30, as required by U.S.S.G. § 2D1.1(a)(3) (2002), and we remand this case back to the district...

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