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U.S. v. SUTTON

No. 03-4123, 04-2358.

406 F.3d 472 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Byron V. SUTTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 2005.

Attorney(s) appearing for the Case

James M. Kuhn (argued), James P. Fleissner, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Richard H. Parsons, Andrew J. McGowan (argued), Kent V. Anderson, Office of the Federal Public Defender, Peoria, IL, Thomas C. Brandstrader, Highwood, IL, for Defendant-Appellant.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.

ROVNER, Circuit Judge.

Byron Sutton appeals concurrent 135-month sentences imposed on his guilty pleas to separate indictments charging him with two counts of distributing over 50 grams of crack, 21 U.S.C. § 841(a)(1) (appeal no. 03-4123), and one count of conspiring to distribute crack, id. §§ 846, 841(a)(1) (appeal no. 04-2358). Sutton argues that the district court erred by relying on one of two contradictory statements given at his change...

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