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ARGUED MAY 2, 2011

Before POSNER, KANNE, and TINDER, Circuit Judges.

Walter Hill, in his capacity as deputy liquor commissioner for East St. Louis, Illinois, exerted his position and authority to demand bribes, property, and, in at least one instance, sexual favors from liquor license holders. He pleaded guilty to attempting to commit extortion under color of official right in violation of 18 U.S.C. § 1951 and making false statements to the Federal Bureau of Investigation and the Internal Revenue Service in violation of 18 U.S.C. § 1001(a)(2). The district court sentenced Hill to sixty months’ imprisonment. In sentencing Hill, the district court determined that he was subject to a four-level upward adjustment under U.S.S.G. § 2C1.1(b)(3) for conduct by a public official in a high-level decision-making or sensitive position. The district judge assigned Hill a total offense level of 22 and with no criminal history points, that placed him in a guideline range of 41 to 51 months’ imprisonment. The court, however, found that aggravating facts required a sentence above the guideline range and stated that even without a guideline range, it would have entered the same sixty-month sentence based upon its review of the relevant 18 U.S.C. § 3553(a) factors.

 
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