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U.S. v. CUNNINGHAM

Nos. 08-2901, 08-2931.

554 F.3d 703 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Derek CUNNINGHAM and Norman Thomas, Defendant-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2009.

Attorney(s) appearing for the Case

Edmond E-Min Chang (argued), Assistant U.S. Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Ross M. Eagle, Jester, Kenworthy & Eagle, Keri A. Ambrosio, Chicago, IL, for Defendant-Appellants.

Before POSNER, FLAUM, and WOOD, Circuit Judges.

FLAUM, Circuit Judge.

This case presents the consolidated appeals of Derek Cunningham and Norman Thomas. Their appeals arise from the same prosecution and raise the same purely legal issue: whether a district court, in reducing a's sentence pursuant to 18 U.S.C. § 3582(c)(2), has authority under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) to reduce a's sentence beyond the retroactive Guidelines...

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