United States of America v. Herminio Galvan-Gonzalez

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 20, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-1342
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HERMINIO GALVAN-GONZALEZ,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 03 CR 026
David H. Coar,
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 57 to 71 months, and Galvan-Gonzalez’ sentence of 57 months is the
lowest possible guidelines sentence. The defendant did not respond to our
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

-- 1 of 2 --

No. 04-1342 Page 2
invitation to file an argument concerning the appropriate disposition of the appeal
in light of the district court’s response. We do not see any reason why Galvan-
Gonzalez’ sentence would be deemed “unreasonable” in post-Booker practice. The
judgment of the district court therefore is AFFIRMED.

-- 2 of 2 --