Chicago, Illinois 60604 April 14, 2008 Before FRANK H. EASTERBROOK, Chief Judge… v. Daniel Pacheco-Gonzales

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 14, 2008
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
DIANE P. WOOD, Circuit Judge
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 07-2393 v.
DANIEL PACHECO-GONZALES,
Defendant-Appellant.
Appeal from the United
States District Court for the
Northern District of Illinois,
Eastern Division.
No. 06 CR 43
Samuel Der-Yeghiayan, Judge.
Order
The United States concedes that Pacheco-Gonzales has preserved on appeal a
challenge to his conviction under 18 U.S.C. §924(c)(1), and that, in light of our opinion,
he did not use a firearm in connection with any violent felony or drug offense that
could be prosecuted in a court of the United States (as opposed to a state court).
The petition for rehearing is therefore granted, and Pacheco-Gonzales’s conviction
under §924(c)(1) is reversed. Because this means that all convictions of both defendants
have been reversed, there is no longer any occasion for a remand to the district court.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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