U.S. v. SIMS

No. 08-1348.

553 F.3d 580 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. John Eric SIMS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 2009.


Attorney(s) appearing for the Case

Timothy A. Bass, Office of the United States Attorney, Springfield, IL, Eugene L. Miller (argued), Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee.

Michael J. Zopf (argued), East Wing, Champaign, IL, for Defendant-Appellant.

John E. Sims, Chicago, IL, pro se.

Before BAUER, POSNER, and MANION, Circuit Judges.


POSNER, Circuit Judge.

The defendant, convicted of illegal possession of a gun and sentenced to 30 months in prison, challenges the constitutionality of the search that discovered the gun. He argues that the warrant that authorized it failed to specify with particularity the things the searchers were looking for and therefore violated the Fourth Amendment. He is right that there was a violation but wrong that it invalidates his conviction.

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