United States of America v. Daniel D. Grap

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 18, 2006
Before
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-2033
UNITED STATES OF AMERICA
Plaintiff–Appellee,
v.
DANIEL D. GRAP,
Defendant–Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Western Division
No. 03 CR 50038
Philip G. Reinhard,
Judge.
ORDER
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 Federal Sentencing Guidelines to advisory status.
See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). The district court
determined that it would impose the same sentence upon Grap, now knowing that the
Guidelines’ are merely advisory. We invited the parties to file memoranda addressing
the appropriate disposition of the appeal in light of the district court’s determination,
but only the government did so.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-2033 Page 2
Sentences properly calculated under the sentencing guidelines are
presumptively reasonable. United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.
2005). Grap’s failure to file a response leaves that presumption unrebutted. His
sentence does not appear to be unreasonable and is therefore AFFIRMED.

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