United States of America v. Maurice Maxwell

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued April 19, 2013
Decided August 15, 2013
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
No. 12-1809
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MAURICE MAXWELL,
Defendant-Appellant.
Appeal from the United States
District Court for the Western
District of Wisconsin.
No. 11 CR 25-WMC
William M. Conley,
Chief Judge.
O R D E R
On July 19, 2013, this court ordered a limited remand under the procedure set forth in
United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005), so that the district court could
state on the record whether the sentence remains appropriate now that Dorsey v. United
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 12-1809 Page 2
States, 132 S. Ct. 2321, 2335–36 (2012) has confirmed that the lower mandatory minimums
under the Fair Sentencing Act (FSA) apply to all defendants sentenced after August 3, 2010.
See United States v. Maxwell, __F.3d__, 2013 WL 3766519 (7th Cir. July 19, 2013).
The district judge has replied he cannot conclude that he would have imposed the
same sentence at the time of Maxwell’s original sentencing had he known that the FSA
applied. Specifically, Judge Conley states that Maxwell’s revised Sentencing Guidelines
range under the FSA “would play some role in arriving at an appropriate sentence on
remand.” Accordingly, pursuant to Paladino, we VACATE Maxwell’s sentence and REMAND
to the district court for resentencing.

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