United States of America v. Willie Dantzler

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 7, 2006
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 03-2358
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIE DANTZLER,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District of Illinois
No. 3:02CR30023-001-GPM
G. Patrick Murphy
Chief Judge.
O R D E R
We ordered a limited remand under United States v. Paladino, 401 F.3d 471,
(7th Cir. 2005), to ask the district court whether Willie Dantzler would have
benefitted from the additional sentencing latitude provided by United States v.
Booker, 543 U.S. 220 (2005). The district court has responded that it would have
imposed the same sentence. Dantzler, therefore, cannot show plain error. See
Paladino, 401 F.3d at 484.
We invited the parties to address the appropriate disposition of this appeal in
light of the district court’s response, but Dantzler has let the deadline pass without
taking that opportunity. His sentence is within the 188- to 235-month guideline
range and is therefore presumed reasonable. United States v. Mykytiuk, 415 F.3d
606, 608 (7th Cir. 2005). Nothing in the record leads us to question that
presumption. The judgment is AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

-- 1 of 1 --