United States of America v. Frank Duran

1 Due to a change in circumstances, Judge Ripple has decided to recuse himself
from further proceedings in this matter.
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 28, 2006
Before
Hon. JOEL M. FLAUM, Chief Judge1
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
No. 03-2506
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANK DURAN,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 01 CR 757
Ronald A. Guzman,
Judge.
ORDER
After being convicted of various charges arising out of his involvement in a drug
distribution conspiracy, Frank Duran was sentenced to a lengthy term of
imprisonment. On appeal, Duran argued, among other things, that his sentence
violated the Sixth Amendment. See United States v. Booker, 543 U.S. 220 (2005);
United States v. Paladino, 401 F.3d 471, 481 (7th Cir. 2005). We remanded to ask
whether the judge would have imposed a lesser sentence had he known that the
guidelines were advisory, see Paladino, 401 F.3d at 483–84. He answered that he
would. Consequently, we VACATE Duran’s sentence and REMAND for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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