United States of America v. Cosme Maldonado-Cerna

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 3, 2006
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
No. 04-2652
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
COSME MALDONADO-CERNA,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division
No. 03 CR 920-1
Ronald A. Guzmán,
Judge.
O R D E R
Cosme Maldonado-Cerna was sentenced to 77 months in prison for illegal
reentry of the United States as an aggravated felon, see 8 U.S.C. § 1326(a), (b)(2).
He appealed, arguing that the district court plainly erred by sentencing him under
the formerly mandatory regime. See United States v. Booker, 543 U.S. 220 (2005);
United States v. Paladino, 401 F.3d 471, 481 (7th Cir. 2005). We remanded to ask
whether the judge would have imposed a lesser sentence had he known that the
guidelines were advisory, see Paladino, 401 F.3d at 483–84. He answered that he
would. Consequently, we VACATE Maldonado-Cerna’s sentence and REMAND for
resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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