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Criminal Law

: Seventh Circuit Blog

Plain Error in Calculating Guidelines

By Bill Theis

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United States v. Andre D. Bennett, No. 05-3709 (August 29, 2006): Mr. Bennett received a four-level enhancement for his use of a firearm in connection with another felony offense. Aggravated battery under Illinois law was the designated other felony offense. Yet in Illinois aggravated battery is a misdemeanor. This point was not raised below or in the appellant?s opening brief. Without much discussion, the Court determined that the error concerning Illinois law was a "plain error," and remanded for resentencing.

Full post as published by Seventh Circuit Blog on September 05, 2006 (boomark / email).

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