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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 6, 2005
Before
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 04-2270 v.
CARLOS L. CARPENTER,
Defendant-Appellant.
Appeal from the United
States District Court
for the Central
District of Illinois.
No. 02-10009
Joe Billy McDade,
Judge.
Order
Our decision of May 6, 2005, affirmed Carpenter's
conviction while reserving final disposition of the sentence. On
a limited remand under
United States v. Paladino, 401 F.3d 471
(7th Cir. 2005), the district judge stated that he would have
imposed a lower sentence had he realized that he possesses
additional discretion. Both sides have filed memoranda asking us
to remand for resentencing. Accordingly, as the parties have
agreed, the sentence is vacated and the case is remanded for
resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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