United States of America v. Joseph W. Saladino

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 8, 2005
Before
Hon. Frank H. Easterbrook, Circuit Judge
Hon. Daniel A. Manion, Circuit Judge
Hon. Diane S. Sykes, Circuit Judge
No. 04-1831
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSEPH W. SALADINO,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Western Division.
No. 03 CR 50016
Philip G. Reinhard, Judge.
O R D E R
Joseph Saladino challenged his sentence of 27 months’ imprisonment in light
of United States v. Booker, 543 U.S. 220 (2005), contending that the district court
committed plain error in its application of the then-mandatory sentencing
guidelines. Based on United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir.
2005), we issued a limited remand to the Northern District of Illinois to determine
whether it would impose the same sentence now that the guidelines are no longer
mandatory.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-1831 Page 2
The district court has responded that it would again impose the identical
sentence of 27 months on Saladino post-Booker. Since Saladino’s sentence would
remain the same, the Booker error did not affect Saladino’s substantial rights, and
Saladino cannot show plain error. See id. at 484. We will therefore affirm as long
as the sentence is reasonable. See id.
We invited the parties to file arguments regarding the appropriate
disposition in light of the district court’s decision. Saladino never responded to our
invitation. As the sentence falls within the applicable guidelines range, it is
presumptively reasonable. United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.
2005). Therefore, we AFFIRM the district court’s original sentence.

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