United States of America v. TERRANCE McCARTER

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
October 12, 2005
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
No. 04-1684
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TERRANCE McCARTER,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 03 CR 835
Elaine E. Bucklo,
Judge.
O R D E R
We ordered a limited remand to ask whether the district judge, had she
known the sentencing guidelines were advisory, would have imposed the same
sentence on Terrance McCarter. See United States v. Booker, 125 S. Ct. 738
(2005); United States v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005). She answered
that she would.
We invited the parties to respond, but only McCarter did. Here, the
sentencing range was properly calculated under the guidelines, so the sentence was
presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). McCarter, however, points to nothing to rebut that presumption except
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-1684 Page 2
a comment by the judge at sentencing that the punishment was “particularly harsh”
in light of his recent attempts to turn over a new leaf. But the judge also explained
that the crime, which involved forcing a woman into a car at gunpoint and pointing
the gun at someone else, was serious enough to warrant the sentence she gave. The
sentence is reasonable, and the judgment is AFFIRMED.

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