United States of America v. Lancelot Henry

02-3955Court of Appeals for the Seventh CircuitJun 28, 2005

Full text

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 27, 2005
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. FRANK H. EASTERBROOK, Circuit Judge
No. 02-3955
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LANCELOT HENRY,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division
No. 01 CR 1098-3
James F. Holderman,
Judge.
O R D E R
We ordered a limited remand so that the district court could state whether it
would have imposed the same sentence given the additional discretion provided by
Untied States v. Booker, 125 S. Ct. 738 (2005). See United States v. Paladino, 401
F.3d 471 (7th Cir. 2005).
The district judge has responded that he would have imposed the original
sentence even under advisory guidelines. We invited the parties to file arguments
addressing the effect of the district court’s response on the proper disposition of this
appeal, but Henry has let the deadline pass without taking that opportunity. His
sentence of 48 months’ imprisonment is within the 46- to 57-month guideline range.
We see no reason why this sentence is “unreasonable” and therefore AFFIRM the
judgment.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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