Chicago, Illinois 60604 February 1, 2006 Before Hon. WILLIAM J. BAUER, Circuit Judge… v. ] Wisconsin. ] STEWART Z. MUSA, ] No. 04 CR 19

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 1, 2006
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Eastern District of
No. 04-3009 v. ] Wisconsin.
]
STEWART Z. MUSA, ] No. 04 CR 19
Defendant-Appellant. ]
] Charles N. Clevert, Jr.,
] Judge.
Stewart Musa was sentenced to 27 months’ imprisonment for transporting
child pornography in violation of 18 U.S.C. § 2252(a)(1). On appeal, he argued that
the district court erred by sentencing him under the mandatory sentencing
guidelines, see United States v. Booker, 543 U.S. 220 (7th Cir. 2005). In response to
the government’s motion, we ordered a limited remand under the terms set forth in
United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), for a determination
whether the district court would have imposed the same sentence had it understood
that the guidelines were advisory.
The district judge has replied that he would have imposed a different
sentence if the sentencing guidelines had been advisory when Musa was sentenced.
We invited the parties to file position statements concerning the proper disposition
of the case. Only Musa has responded, and he concurs with the district court that
resentencing is appropriate. Accordingly,
IT IS ORDERED that Musa’s sentence is VACATED, and the case is
REMANDED to the district court for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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