United States of America v. Malcolm C. Gougis

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 5, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-1345
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MALCOLM C. GOUGIS,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Illinois,
Eastern Division.
No. 03 CR 886
Suzanne B. Conlon,
Judge.
O R D E R
This court ordered a limited remand so the district court could state on the
record whether the sentence remains appropriate now that United States v. Booker,
543 U.S. 220 (2005), has limited the Sentencing Guidelines to advisory status. See
United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). The district judge has now
replied that she would today impose the same sentence, knowing of the guidelines’
advisory status.
Gougis’s sentence of 60 months was near the upper end of the advisory
guidelines range of 51 to 63 months. Gougis did not respond to our invitation to file
a response in this court to the district court’s Paladino remand statement. The
government in its response points out the district judge considered Gougis’s
employment, education, and family history, military service, and mental health and
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 04-1345 Page 2
drug abuse problems.
We do not see any reason why Gougis’s sentence would be deemed
unreasonable in post-Booker practice. The judgment of the district court therefore
is AFFIRMED.

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