U.S. v. Moore, No. 03-CR-11 (E.D.Wisc.) (288 F.Supp.2d 955) (October 17, 2003) (Judge Lynn S. Adelman)
In this decision, Judge Adelman firmly rejected the Probation Department’s efforts to increase the defendant’s sentence by adding one criminal history point for a 1998 conviction for loitering - on the grounds that the loitering in question was for the purpose of “illegal drug activity.” Noting that the Probation Department ...
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