United States of America v. Michael Hudson

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 13, 2006
Before
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2579
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL HUDSON,
Defendant-Appellant.
Appeal from the United States
District Court for the
Eastern District of Wisconsin.
No. 02 CR 144
Charles N. Clevert, Jr.,
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,
543 U.S. 220 (2005), has limited the guidelines to advisory status. See United
States v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The 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 Hudson’s sentence of 151 months is the lowest
possible guidelines sentence. Hudson has filed an argument concerning the
appropriate disposition of the appeal in light of the district court’s response. He
asserts that his acceptance of responsibility, lesser role in the offense, and positive
conduct since sentencing make his 151-month sentence unreasonable. But a
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-2579 Page 2
sentence within the advisory guidelines range is presumed reasonable, Mykytiuk,
415 F.3d 606, 608 (7th Cir. 2005), and we do not see any reason why Hudson’s
sentence would be deemed unreasonable in post-Booker practice. The judgment of
the district court therefore is AFFIRMED.

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