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U.S. v. COZZI

No. 09-2648.

613 F.3d 725 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. William COZZI, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 2010.

Attorney(s) appearing for the Case

Stuart D. Fullerton (argued), Scott Drury, Attorneys, Office of the United States Attorney, Chicago, IL, Elizabeth L. Biffl, Attorney, Department of Justice, Civil Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Marc W. Martin (argued), Attorney, Marc Martin, Ltd., Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and KANNE and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

Chicago Police Officer William Cozzi shackled a man to a wheelchair in a hospital and then repeatedly bludgeoned him in the head and face with a sap.1 He now appeals the district court's denial of his motion to dismiss the indictment charging him with violating his victim's civil rights. He also appeals the district court's use of the sentencing guideline for aggravated assault rather than the guideline for civil...

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