United States of America v. Rickey Earl Banks

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued September 15, 2004
Decided August 15, 2006
Before
Hon. JOEL M. FLAUM, Chief Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 03-3176
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICKEY EARL BANKS,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 01 CR 182
Joan B. Gottschall,
Judge.
ORDER
After being convicted of possessing cocaine with the intent to distribute it,
Rickey Banks was sentenced to 97 months’ imprisonment. On appeal, Banks argued,
among other things, that his sentence violated the Sixth Amendment. 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 district judge would have imposed a
different sentence had she known that the guidelines were advisory. See Paladino, 401
F.3d at 483-84. She answered that she would like to reconsider Banks’s sentence in
light of Booker. Consequently, we VACATE his sentence and REMAND for
resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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