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United States v. Statham

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ARGUED MAY 6, 2009

Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Julius Statham and eight others were caught running guns from Mississippi to Chicago. Statham pleaded guilty to his part in the conspiracy and was sentenced to 60 months in prison. He now appeals, arguing that the district court clearly erred when it calculated his sentence under the U.S. Sentencing Guidelines and abused its discretion by imposing an unreasonable sentence. He takes issue with the district court’s findings that his offense involved more than 24 weapons, that some of the weapons’ serial numbers were obliterated, and that his prior offenses warranted his placement in the Guidelines’ highest criminal history category. In addition, he contends that the court should not have given him a prison term longer than the terms given to his co-defendants, nor, in his view, was the court justified in deciding that his sentence should run consecutively to an undischarged term of imprisonment that he had received for a different crime.

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