United States of America v. Daniel W. Roepke

04-1332Court of Appeals for the Seventh Circuit18.10.2005

Gesamter Gesetzestext

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
October 18, 2005
Before
Hon. JOEL M. FLAUM, Chief Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 04-1332
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DANIEL W. ROEPKE,
Defendant-Appellant.
Appeal from the United States
District Court for the
Southern District of Illinois.
No. 02-CR-30135-MJR
Michael J. Reagan, Judge.
O R D E R
After our March 4, 2005, remand pursuant to Paladino, the district judge advised us that,
had the guidelines been simply advisory in this case, a more harsh sentence than the 87-month
sentence Daniel Roepke received would have been imposed. Accordingly, Roepke cannot
establish plain error that prejudiced him when the judge imposed the original sentence under the
mandatory sentencing guideline regimen. With Mr. Roepke’s conviction having been affirmed in
our order of March 4, and the further proceedings conducted by the district court as summarized
in its order of May 13, 2005, this case is now closed.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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