U.S. v. BANKS

No. 03-3176.

405 F.3d 559 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Rickey Earl BANKS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 21, 2005.


Attorney(s) appearing for the Case

Debra Riggs Bonamici (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Juliet E. Boyd, Richardson, Stasko, Boyd & Mack, Chicago, IL, Marc D. Wolfe (argued), Woodridge, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges.


KANNE, Circuit Judge.

In March 2002, a jury convicted Rickey Earl Banks of possession with intent to distribute cocaine in federal district court. Banks was sentenced to 97 months in prison pursuant to the Sentencing Guidelines. He directly appeals the conviction on five different grounds. We review the sentence sua sponte in light of the Supreme Court's recent decision on the constitutionality of the Sentencing Guidelines. For

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