United States of America v. Noe Vasquez

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 26, 2005
Before
Hon. Richard A. Posner, Circuit Judge
Hon. Daniel A. Manion, Circuit Judge
Hon. Diane P. Wood, Circuit Judge
No. 03-3522
United States of America,
Plaintiff-Appellee,
v.
Noe Vasquez,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division
No. 01 CR 1094
Ruben Castillo,
Judge.
O R D E R
Noe Vasquez challenged his sentence of 121 months’ imprisonment in light of
United States v. Booker, 125 S.Ct. 738 (2005), contending that the district court
committed plain error in its application of the then-mandatory sentencing
guidelines. Based on United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir.
2005), we issued a limited remand to the Northern District of Illinois to determine
whether it would impose the same sentence now that the Guidelines are no longer
mandatory.
The district court has responded that it would again impose the identical
sentence of 121 months on Vasquez post-Booker. Since Vasquez’s sentence would
remain the same, the Booker error did not affect Vasquez’s substantial rights, and
Vasquez cannot show plain error. See id. at 484. We will therefore affirm as long
as the sentence is reasonable. See id.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 03-3522 Page 2
We invited the parties to file arguments regarding the appropriate
disposition in light of the district court’s decision. Vasquez responded that he saw
no basis to argue that the district court abused its discretion in reimposing the
sentence. As the sentence falls within the applicable Guidelines range, it is
presumptively reasonable. United States v. Mykytiuk, 415 F.3d 606 (7th Cir.
2005). Therefore, we AFFIRM the district court’s original sentence.

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