Legal Opinion

United States v. Kenneth Shearer

Court of Appeals for the Seventh Circuit

Decided August 12, 2004No. 03-4004PublishedCited by 21 opinions

1Opinion of the Court

FLAUM, Chief Judge.

On June 20, 2002, Kenneth Shearer was convicted of dealing in display fireworks without a license issued by the Bureau of Alcohol, Tobacco & Firearms (“ATF”), placing false labels on cases of display fireworks, and knowingly receiving display fireworks in interstate commerce. He now appeals his conviction and sentence. For the reasons stated herein, we affirm the judgment of conviction and remand the case for resentencing.

I. BACKGROUND

In 1999, Kenneth Shearer was the owner and operator of All American Professional Fireworks (“All American”) which was in the business of…

2Cases cited5 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. United States v. Freddie J. BookerCourt of Appeals for the Seventh Circuit · 2004
  4. United States v. Francisco D. Pineiro, Also Known as Frank PineiroCourt of Appeals for the Fifth Circuit · 2004
  5. United States v. Patrick J. CarrollCourt of Appeals for the Seventh Circuit · 1989

3Cited by21 opinions

  1. United States v. Philip M. SeboltCourt of Appeals for the Seventh Circuit · 2006
  2. United States v. Khaled Abdel-Latif DumeisiCourt of Appeals for the Seventh Circuit · 2005
  3. United States v. Guajardo-MartinezCourt of Appeals for the Seventh Circuit · 2011
  4. United States v. Tek NgoCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. Maurice C. PittmanCourt of Appeals for the Seventh Circuit · 2004

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