United States of America v. Martin J. Applebee

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 17, 2005
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2204
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARTIN J. APPLEBEE,
Defendant-Appellant.
Appeal from the United States
District Court for the
Western District of Wisconsin.
No. 03-CR-159-S-01
John C. Shabaz,
Judge.
O R D E R
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,
125 S. Ct. 738 (2005), has limited the Guidelines to advisory status. See United States
v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district judge has now replied that he would today impose the same sentence,
knowing of the Guidelines’ advisory status. The range under the Guidelines is 100 to
125 months, and Applebee’s sentence of 115 months is slightly above the midpoint. We
do not see any reason why such a sentence would be deemed “unreasonable” in
post-Booker practice. The judgment of the district court therefore is A FFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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