Legal Opinion

United States v. Kevin W. Schmeilski

Court of Appeals for the Seventh Circuit

Decided May 25, 2005No. 04-2014PublishedCited by 33 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

Kevin Schmeilski appeals the sentence he received after pleading guilty to unlawful production of child pornography, unlawful possession of child pornography and criminal forfeiture. We reject his argument that the application of both U.S.S.G. §§ 2G2.1(c)(l) and 4B1.5 to his sentence constitutes impermissible double counting. In light of the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), however, we order a limited remand regarding his sentence in accordance with the procedure set forth in United States v.…

2Cases cited14 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. CottonSupreme Court of the United States · 2002
  3. United States v. David Lanzotti and Connie L. HughesCourt of Appeals for the Seventh Circuit · 2000
  4. United States v. Pedro L. Castillo and Frank RodriguezCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. Marcus LeeCourt of Appeals for the Seventh Circuit · 2005

9 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. United States v. VizcarraCourt of Appeals for the Seventh Circuit · 2012
  2. United States v. Clarence Hankton and Gregory Davis, 1Court of Appeals for the Seventh Circuit · 2005
  3. United States v. Timothy J. JulianCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. Ernest A. NewsomCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. FadlCourt of Appeals for the Eighth Circuit · 2007

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API