United States of America v. Peter R. Macari

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 4, 2007
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 04-2151
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PETER R. MACARI,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Illinois, Eastern
Division
No. 03 CR 1061
Suzanne B. Conlon,
Judge.
O R D E R
The district court sentenced Peter R. Macari to 46 months’ imprisonment
with 36 months of the sentence to be served concurrently with a 10 year state
sentence and the remaining 10 months to be served consecutively to his state
sentence for conspiracy to travel interstate to promote arson and aiding and
abetting travel in interstate commerce to promote arson. On limited remand under
United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district judge stated
that even if she had known that the Sentencing Guidelines were advisory and not
mandatory, United States v. Booker, 543 U.S. 220 (2005), she would have imposed
the same sentence (which was at the low end of the guideline range). We have
NONPRECEDENTIAL
DISPOSITION
To be cited only in accordance with
Fed. R. App. P 32.1

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No. 04-2151 Page 2
invited both parties to respond to the district court’s statement, but only the
government has done so. Mr. Macari has therefore shown no reason why the
sentence, which is presumed reasonable under United States v. Mykytiuk, 415 F.3d
606 (7th Cir. 2005), should not stand, and our own review shows none.
AFFIRMED.

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