United States of America v. Salomon Ortega-Vazquez

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. 04-2570
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SALOMON ORTEGA-VAZQUEZ,
Defendant-Appellant.
Appeal from the United States
District Court for the
Central District of Illinois.
No. 03 CR 30079
Jeanne E. Scott,
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 Booker issue was the only issue on
appeal.
The district judge has replied that she would today impose the same sentence,
knowing of the Guidelines’ advisory status. The range under the Guidelines is 18 to
24 months, and Ortega-Vazquez’s sentence of 18 months is the lowest possible
sentence. Ortega-Vazquez’s counsel now informs us, however, that Ortega-Vazquez
has been released from prison and deported to Mexico, rendering this appeal moot.
Accordingly, the appeal is DISMISSED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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