U.S. v. HEARN

No. 07-1613.

534 F.3d 706 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Robert A. HEARN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 2008.


Attorney(s) appearing for the Case

Joseph H. Hartzler (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee.

Shane Brunner (argued), Molly E. Peck, Michael Best & Friedrich, Madison, WI, for Defendant-Appellant.

Before FLAUM, RIPPLE and ROVNER, Circuit Judges.


RIPPLE, Circuit Judge.

On May 5, 2006, Robert Hearn was charged with one count of possession with intent to distribute five grams or more of cocaine base (crack), in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). A jury found him guilty, and he was sentenced as a career offender to 360 months' imprisonment. For the reasons set forth in this opinion, we affirm his conviction but remand for resentencing in light of Kimbrough v. United States, ___...

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