United States of America v. Andres Barajas-Hernandez

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 17, 2005
Before
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-3599
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANDRES BARAJAS-HERNANDEZ,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District
of Illinois
No. 4:04CR40028-001-JPG
J. Phil Gilbert,
Judge.
O R D E R
Andres Barajas-Hernandez pleaded guilty to being present in the United States
without authorization after having been deported following a conviction for an
aggravated felony, 8 U.S.C. § 1326(b)(2), and was sentenced to 18 months’
imprisonment. He filed an appeal challenging his sentence and on June 23, 2005, this
court ordered a limited remand so that the district court could inform us whether it
would have imposed the same sentence had it known the federal Sentencing Guidelines
were not binding. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district court judge has replied that he would impose the same sentence
today knowing that the Guidelines are not mandatory. Therefore, we will affirm the
original sentence so long as it was reasonable. See Paladino, 401 F.3d at 484.
We invited the parties to file any arguments concerning the appropriate
disposition of the appeal in light of the district court’s decision. In response, Barajas-
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-3599 Page 2
Hernandez has conceded that his sentence of 18 months is reasonable because it falls
within the applicable Guidelines range. See United States v. Mykytiuk, 2005 WL
1592956 *1 (7th Cir. 2005) (stating that a sentence within the Guidelines is
presumptively reasonable). Accordingly, the judgment of the district court is
AFFIRMED.

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