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U.S. v. SMITH

No. 05-1638.

438 F.3d 796 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Rodrick SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 2006.

Attorney(s) appearing for the Case

Stuart D. Fullerton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Roger H. Dusberger (argued), Chicago, IL, for Defendant-Appellant.

Before BAUER, EASTERBROOK, and WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

Rodrick Smith pleaded guilty to drug offenses and was sentenced in November 2004—between our decision in United States v. Booker, 375 F.3d 508 (7th Cir. July 9, 2004), and the Supreme Court's, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (Jan. 12, 2005). We held in Booker that the Sentencing Reform Act of 1984 violates the sixth amendment by giving to...

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