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UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 30, 2005
Before
Hon. THOMAS E. FAIRCHILD, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 04-1826
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DERRICK GARDNER,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 03 CR 428
Ronald A. Guzman,
Judge.
O R D E R
On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir.
2005), the district court concluded that “it would have imposed a different sentence
had it known the guidelines were merely advisory.” The parties filed memoranda in
response to our written invitation and agree that Gardner’s sentence should be
vacated and the case remanded for resentencing. Accordingly, we VACATE
Gardner’s sentence and REMAND for resentencing in light of United States v.
Booker, 125 S. Ct. 738 (2005).
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