Opinion

United States v. Brown

  • 175 F. App'x 71
Court
Court of Appeals for the Seventh Circuit
Filed
Apr 5, 2006
Status
Published
On the bench
Easterbrook, Hon, Rovner, Sykes
Cited by
0 cases
Authority
More cited than 10.3%

The opinion

ORDER

This court ordered a limited remand so the district court could state on the record whether the sentence remains appropriate now that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), has limited the Sentencing Guidelines to advisory status. See United States v. Paladino, 401 F.3d 471 (7th Cir.2005).

The district judge has now replied that she would have imposed a lower sentence rather than the 97-month sentence then mandated by the guidelines. The parties’ position statements in response to our invitation to comment on the district court’s Paladino response agree that resentencing is appropriate. Accordingly, pursuant to Paladino, we VACATE Brown’s sentence and REMAND to the district court for resentencing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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