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U.S. v. WALTOWER

No. 09-3967.

643 F.3d 572 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen WALTOWER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 2011.

Attorney(s) appearing for the Case

Renai Scherri Rodney (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Craig M. Sandberg (argued), Attorney, Muslin & Sandberg, Chicago, IL, for Defendant-Appellant.

Before POSNER, FLAUM and SYKES, Circuit Judges.

FLAUM, Circuit Judge.

Stephen Waltower was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was acquitted of several other drug-related offenses, but the district court took the underlying (acquitted) conduct into consideration at sentencing. The result was a statutory maximum sentence of 120 months. On appeal, Waltower challenges the use of the acquitted conduct at sentencing...

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