United States of America v. Miguel Lara-Unzueta

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 22, 2005
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
No. 04-1954
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MIGUEL LARA-UNZUETA,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 02 CR 995
Charles R. Norgle, Sr.,
Judge.
O R D E R
Miguel Lara-Unzueta challenged his sentence of 65 months’ imprisonment,
contending the district court committed plain error under United States v. Booker,
543 U.S. 220 (2005), by applying the sentencing guidelines as mandatory. We
ordered a limited remand under United States v. Paladino, 401 F.3d 471, 483-84
(7th Cir. 2005), to determine whether Booker’s added discretion would have
benefitted Lara. The district court has responded that it would have imposed the
same sentence. Lara, therefore, cannot show plain error. See id. at 484.
We invited the parties to address the appropriate disposition of this appeal in
light of the district court’s response, but Lara has let the deadline pass without
taking that opportunity. His sentence is within the 63- to 78-month guideline range
and is therefore presumed reasonable. United States v. Mykytiuk, 415 F.3d 606-608
(7th Cir. 2005). Nothing in the record leads us to question that presumption.
Accordingly, the judgment is AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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