United States of America v. Heliodoro Gonzalez-Rodriguez

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 30, 2006
Before
Hon. Kenneth F. Ripple, Circuit Judge
Hon. Daniel A. Manion, Circuit Judge
Hon. Diane P. Wood, Circuit Judge
No. 04-2397
United States of America,
Plaintiff-Appellee,
v.
Heliodoro Gonzalez-Rodriguez,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of Illinois,
Eastern Division
No. 00 CR 1013
Robert W. Gettleman, Judge.
O R D E R
Heliodoro Gonzalez-Rodriguez pleaded guilty to conspiracy to possess 250 kilograms of
cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a), 846. He argued for the first
time on appeal that the district court erred by applying the sentencing guidelines as mandatory.
See United States v. Booker, 543 U.S. 220 (2005). We remanded to ask whether the judge would
have imposed a lesser sentence had he known that the guidelines were advisory. See United
States v. Paladino, 401 F.3d 471, 483-84 (7th Cir.2005). The judge said he “likely would not
have imposed as severe a sentence.” Therefore we VACATE Gonzalez-Rodriguez's sentence
and REMAND for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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