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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 23, 2006
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
No. 04-1349
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DONALD EDWARDS,
Defendant-Appellant.
Appeal from the United States District
Court for the Central District
of Illinois
No. 02-40143-001
Joe Billy McDade,
Judge.
O R D E R
Donald Edwards was sentenced to 248 months’ imprisonment for violations of
21 U.S.C. § 841(a)(1), 18 U.S.C. § 924(c), and § 922(g)(1). He appealed, arguing that
the district court plainly erred by sentencing him under the formerly mandatory
guideline regime. See United States v. Booker, 543 U.S. 220 (2005). We remanded
to ask whether the district court judge would have imposed a different sentence had
he known that the guidelines were advisory. See United States v. Paladino, 401
F.3d 471, 481 (7th Cir. 2005). He answered that he would. Thus, we VACATE
Edwards’ sentence and REMAND for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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