United States of America v. Lisa Toney

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 12, 2006
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 03-2337
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LISA TONEY,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division
No. 00 CR 143-3
Charles R. Norgle, Sr.,
Judge.
O R D E R
Lisa Toney and her boyfriend used her husband’s name and identifying
information to commit fraud. He found out, so they blew him up with a mail bomb,
injuring another man in the process. Toney was convicted of conspiracy to use
fraudulent identification, see 18 U.S.C. § 1028(f); fraudulent use of an access device,
see id. § 1029(a)(2); mail theft, see id. § 1708; and conspiracy to use explosives in
commission of a felony resulting in death, see id. § 844(n), (d). The district court
imposed multiple concurrent terms of imprisonment, the longest of which was life.
Toney appealed, arguing that the district court plainly erred by applying the
sentencing guidelines as mandatory. See United States v. Booker, 543 U.S. 220
(2005); United States v. Paladino, 401 F.3d 471, 481 (7th Cir. 2005). We asked the
judge whether he would have imposed a lower sentence if he had known that the
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 03-2337 Page 2
guidelines were advisory. See Paladino, 401 F.3d at 483–84. He answered yes.
Therefore, we VACATE Toney’s sentence and REMAND for resentencing.

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