United States of America v. John Waltz

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 22, 2005
Before
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-1967
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN WALTZ,
Defendant-Appellant.
Appeal from the United States
District Court for the
Central District of Illinois.
No. 03 CR 20081
Michael P. McCuskey,
Chief Judge.
O R D E R
This court ordered a limited remand so the district court could state on the record
whether the sentence remains appropriate now that United States v. Booker,
125 S. Ct. 738 (2005), has limited the Guidelines to advisory status. See United States
v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The chief district judge has now replied that he would today impose the same
sentence, knowing of the Guidelines’ advisory status. The range under the Guidelines
is 151 to 188 months, and Waltz’s sentence of 151 months is the lowest possible
sentence. The defendant did not respond to our invitation to file an argument
concerning the appropriate disposition of the appeal in light of the district court’s
response. We do not see any reason why Waltz’s sentence would be deemed
“unreasonable” in post-Booker practice. The judgment of the district court therefore
is AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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