US v. Myers, No. 07-3658
Conviction and sentence for attempted arson is affirmed where: 1) even if the government erred and made improper statements at closing, defendant was not prejudiced by the statements, and thus he failed to show a violation of his right to a fair trial or a Confrontation Clause violation; 2) no error occurred at sentencing and remand is unnecessary as the court considered the guidelines range to be advisory, took into account defendant's apparent change in behavior and job history, and imposed a sentence below the guidelines range; and 3) the court properly considered defendant's acquitted conduct during sentencing as those actions had been proven by a preponderance of the evidence.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued March 31, 2009
Decided July 1, 2009
Before FLAUM, MANION, and ROVNER, Circuit Judges.
Opinion by MANION, Circuit Judge.
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