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U.S. v. AVILA

No. 09-2681.

634 F.3d 958 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Martin AVILA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 7, 2011.

Attorney(s) appearing for the Case

Barry D. Glickman (argued), Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

Andrew L. Franklin (argued), Attorney, Milwaukee, WI, for Defendant-Appellant.

Before KANNE, EVANS, and WILLIAMS, Circuit Judges.

PER CURIAM.

The issue in this successive appeal is whether the district court on remand could correct a previously undetected factual error in its drug-quantity finding that had favored the defendant, Martin Avila. During the first appeal, Avila successfully argued that the district court sentenced him using an offense level that did not correspond to the original drug-quantity finding, so we remanded for resentencing. See United States v. Avila, 

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