Seventh Circuit: USA v. Antoine Wallace

 

Since a sentence was pronounced and the state court record indicates that the deft was credited for time served, rather than simply released, a challenge to the duration of sentence for purposes of subsequent sentencing factors is determined by the state court record of judgment, which can only be altered by a collateral challenge to the earlier conviction.

Since the dictionary definition quoted in an earlier holding to exemplify the plain meaning of a term isn't itself binding in its terms, the activity proscribed under the state statute that reached beyond the bounds of the federal law before the term in the federal law was interpreted to merely have the plain meaning is still within the plain meaning of federal law, despite possibly being outside the dictionary definition quoted.


USA v. Antoine Wallace