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   Federal Courts - 7th Circuit Court of Appeals - March 24, 2006

  
United States v. Galicia-Cardenas, No. 05-3093, No. 05-3486, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 24, 2006, Decided
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Overview: The government was entitled to the resentencing of defendant A, who had a higher guideline range but was given a lower sentence than defendant B for illegal reentry, without a credit for Wisconsin's lack of a fast-track program because the appellate court could not say that the downward departure was reasonable based on the lack of such program.

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United States v. Grigg, No. 05-2484, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 24, 2006, Decided
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Overview: A district court appeared to treat 18 U.S.C.S. § 3553(b)(2) as prohibiting discretionary sentences outside of the Sentencing Guidelines range in a child pornography case, and may have committed plain error because § 3553(b)(2) violated the Sixth Amendment by mandating a sentence within the Sentencing Guidelines range.

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United States v. Poole, No. 05-4019, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 24, 2006, Decided
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Overview: Defendant's appeal was dismissed because any error in adjusting his sentence upward for the commission of multiple robberies had no impact on his sentence where defendant's statutory maximum sentence was his guidelines sentence for conspiracy to commit bank robbery.

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United States v. Reyes-Acosta, No. 05-2785, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 24, 2006, Decided
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Overview: Counsel's motion to withdraw was granted because there were no nonfrivolous issues to appeal following defendant's guilty plea to violating 8 U.S.C.S. § 1326(a) and (b)(2) and the sentence imposed by the district court. The appeal was dismissed.

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