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United States v. Berry

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ARGUED SEPTEMBER 22, 2009

Before EASTERBROOK, Chief Judge, andBAUER and ROVNER, Circuit Judges.

Christopher Berry was arrested for violating the terms of his supervised release following his conviction and imprisonment for possessing counterfeit cashier’s checks. The district court sentenced him to 14 additional months in prison, to be followed by 36 months of supervised release. In his appeal, Berry argues that the district court based its sentencing decision on erroneous fact finding. Specifically, Berry points to two statements made by the district judge as evidence that the sentence imposed was based on the mistaken determination that Berry had committed forgery, counterfeiting, and had stolen a check while on release. But the statements were not part of the district court’s factual findings, and did not form the basis for Berry’s sentence; we affirm.

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