United States v. Robert Booker, Cross-Appellee

A jury convicted Robert Booker of operating a crack distribution house, and of possessing crack cocaine with intent to distribute that substance, but acquitted him of using a gun during these crimes in violation of 18 U.S.C. § 924(c). At sentencing, the prosecutor asked the district judge to add two offense levels under U.S.S.G. § 2Dl.l(b)(l), on the ground that Booker possessed a firearm. The judge refused, giving the jury’s acquittal on the § 924(c) charge as his only reason.

We reversed and remanded for resentenc-ing. United States v. Pollard, 72 F.3d 66, 68-69 (7th Cir.1995). Our opinion…