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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 30, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 02-2998
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEITH KYSER, a/k/a “KEEZO”,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 99 CR 544
Wayne R. Andersen, Judge.
O R D E R
A jury in the Northern District of Illinois convicted Keith Kyser of conspiracy
to possess with intent to distribute controlled substances in violation of 21 U.S.C. §
846. While his appeal remained pending, the Supreme Court issued its decision in
United States v. Booker, 543 U.S. 220 (2005). We remanded to ask whether the
judge would have imposed a lesser sentence had he known that the guidelines were
advisory. See United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir.2005). The
judge said yes, and therefore we VACATE Kyser’s sentence and REMAND for
resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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