United States of America v. Darren Steel

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted January 8, 2009
Decided April 2, 2009
Before
WILLIAM J. BAUER, Circuit Judge
JOHN L. COFFEY, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 08‐2615
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
DARREN STEEL,
Defendant‐Appellant.
Appeal from the United States District
Court for Northern District of Illinois,
Eastern Division.
No. 99 CR 397
Wayne R. Andersen,
Judge.
O R D E R
The defendant‐appellant in the above‐referenced was represented by a court‐appointed
attorney who filed a Motion to Withdraw on November 24, 2008, pursuant to Anders v.
California, 386 U.S. 737 (1967) and United States v. Edwards, 777 F.3d 364 (7th Cir. 1985).
Upon notification, the defendant‐appellant, Darren Steel, filed an Objection to the Motion
to Withdraw on December 22, 2008.
In the underlying case, Steel was charged with conspiracy to possess with intent to
distribute controlled substances, possession with intent to distribute cocaine base, and use of
a telephone in a drug conspiracy in Case No. 99 CR 397. Steel pleaded guilty to the charges and
was sentenced in 2003 to a Guidelines sentence of 324 months. Steel appealed his sentence and
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 08‐2615 Page 2
his original court‐appointed counsel filed an Anders brief. While the appeal was still pending,
the Supreme Court handed down its decision in United States v. Booker, 543 U.S. 220 (2005). The
Seventh Circuit ordered a limited Paladino remand to the district court. The district court judge
informed the Seventh Circuit that he would likely sentence Steel differently if asked to do so.
The Seventh Circuit remanded the case for resentencing. Steel’s offense level was adjusted
from 38 to 36 and the district court resentenced Steel to 228 months. The advisory Guidelines
Range based on an offense level of 36 would have been 262‐327 months. Any issue raised by
Steel was waived on the trial level. The sentence imposed is reasonable and below the
Sentencing Guidelines.
Accordingly, IT IS ORDERED that the Motion to Withdraw is GRANTED and the appeal
is DISMISSED.

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