Chicago, Illinois 60604 January 12, 2010 Before RICHARD A. POSNER, Circuit Judge… v. No. 01 CR 567 PEDRO L. CASTILLO

02-3584Court of Appeals for the Seventh CircuitJan 12, 2010

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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 12, 2010
Before
RICHARD A. POSNER, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
DANIEL A. MANION, Circuit Judge
No. 02‐3584
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff‐Appellee, District Court for the Northern
District of Illinois, Eastern Division.
v. No. 01 CR 567
PEDRO L. CASTILLO,
Defendant‐Appellant. Harry D. Leinenweber, Judge.
O R D E R
On December 1, 2009, the district court issued an order in which it said that it would
not have imposed the same sentence, if it had known the extent of its discretion to deviate
from the guidelines in crack cocaine sentences. See Kimbrough v. United States, 128 S. Ct. 558
(2007). It further indicated that it would be inclined to impose a lesser sentence.
Accordingly, in conformity with our order of October 7, 2008, we therefore vacate
the defendant’s sentence and remand for resentencing as contemplated by that order.
It is so ordered.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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