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US v. Gear, No. 07-4038

By FindLaw Staff on August 19, 2009 | Last updated on March 21, 2019

District court's sentencing of a felon convicted of possession of firearm to 84 months is vacated and remanded for resentencing where the the sentencing judge miscalculated the recommended range by starting with a base offense level of 20 under U.S.S.G. section 2K2.1(a)(4) based on defendant's state conviction for reckless discharge of a firearm. 

Read US v. Gear, No. 07-4038

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Western Division.
Argued January 5, 2009
Decided August 17, 2009


Before EASTBROOK, Chief Judge, and POSNER and WILLIAMS, Circuit Judges 
Per Curiam Opinion 

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