Plain Error in Calculating Guidelines
United States v. Andre D. Bennett, No. 05-3709 (August 29, 2006): Mr. Bennett received a four-level enhancement for his use of a firearm in connection with another felony offense. Aggravated battery under Illinois law was the designated other felony offense. Yet in Illinois aggravated battery is a misdemeanor. This point was not raised below or in the appellant’s opening brief. Without much discussion, the Court determined that the error concerning Illinois law was a "plain error," and remanded for resentencing.