UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Chicago, Illinois 60604 November 14, 2007

Hon. RICHARD A. POSNER, Circuit Judge Hon. JOEL M. FLAUM, Circuit Judge Hon. DIANE P. WOOD, Circuit Judge

UNITED STATES OF AMERICA, ] Appeal from the United Plaintiff-Appellee, ] States District Court for ] the Northern District of No. 06-2381 v. ] Illinois, Western Division. ] DAVID H. ENGLAND, ] No. 04 CR 50068 Defendant-Appellant. ] ] Philip G. Reinhard, ] Judge.

ORDER The opinion issued in the above-entitled case on November 7, 2007, is hereby amended as follows: In the last paragraph on page 14 of the opinion, the sentence beginning “The issue on appeal is straightforward” should now read as: The issue on appeal is straightforward: England threatened to kill his brother-in-law yet the Sentencing Guidelines point to a sentence for attempted murder.