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U.S. v. ABBAS

No. 07-3866.

560 F.3d 660 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Omar ABBAS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 2009.

Attorney(s) appearing for the Case

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

Nicole C. Henning (argued), Jones Day, Chicago, IL, Lauren Robel, Indiana University, Bloomington, IN, for Defendant-Appellant.

Before POSNER, DIANE P. WOOD, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Omar Abbas challenges the application of U.S.S.G. § 2C1.1 (extortion under color of official right) to his sentence for impersonating an FBI agent and argues that he should be re-sentenced. While we agree that impersonation of a public official is not action "under color of official right" (and thus does not qualify for treatment under § 2C1.1), we find that the sentencing error was harmless and that Abbas's sentence was reasonable...

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