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U.S. v. HUDSON

No. 09-3518.

618 F.3d 700 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Irvin S. HUDSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2010.

Attorney(s) appearing for the Case

John M. Maciejczyk , Attorney, argued, Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee.

H. Jay Stevens , Attorney, argued, Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before FLAUM, WOOD, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

This case raises a surprisingly complicated question: under the Sentencing Guidelines, are crimes involving phony versions of illegal drugs properly characterized as "controlled-substance offenses"? Irvin Hudson pleaded guilty to possession of a firearm as a felon and possession of a stolen firearm. Hudson's recommended sentence under the guidelines depends on the nature of his previous offense: if his earlier conviction amounted to a "controlled...

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