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U.S. v. FRANKLIN

No. 06-3462.

484 F.3d 912 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl FRANKLIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 30, 2007.

Attorney(s) appearing for the Case

Christina Egan (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Terence F. MacCarthy, John F. Murphy (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before POSNER, FLAUM, and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

Darryl Franklin pleaded guilty to two counts of using a telephone in the commission of a drug crime, in violation of 21 U.S.C. § 843(b). The district court sentenced Franklin to 84 months of imprisonment applying the dangerous weapon enhancement under Sentencing Guideline § 2D1.1(b)(1). Franklin appeals the district court's decision to enhance his sentence. For the following reasons, we reverse the district court's decision and remand...

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