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U.S. v. ACOSTA

Nos. 05-3598, 05-3661.

474 F.3d 999 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Spring L. ACOSTA and Candace R. Radermacher, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 2007.

Attorney(s) appearing for the Case

John W. Vaudreuil (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Richard H. Parsons, Jonathan E. Hawley, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, Paul Camarena, Chicago, IL, for Defendant-Appellant.

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

WILLIAMS, Circuit Judge.

This appeal requires us to consider the extent to which a member of a conspiracy can be held liable under the United States Sentencing Guidelines for the use of a minor where there is no evidence that the defendant personally directed or encouraged the minor in any way. We conclude that the district court misapplied § 3B1.4 of the Guidelines in sentencing Spring Acosta, one of the two defendants in this appeal, when it imposed an enhancement...

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