Chicago, Illinois 60604 February 13, 2007 Before Hon. WILLIAM J. BAUER, Circuit… v. ] ] No. 99 CR 397 FRANCISCO TORRES, DARREN STEELE, ] RICARDO VILLA

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 13, 2007
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
UNITED STATES OF AMERICA, ] Appeals from the United
Plaintiff-Appellee, ] States District Court for
] the Northern District of
Nos. 03-1320, 03-2967, 04-1307 ] Illinois, Eastern Division.
and 04-2045 v. ]
] No. 99 CR 397
FRANCISCO TORRES, DARREN STEELE, ]
RICARDO VILLA and TERRELL AGEE, ] Wayne R. Andersen, Judge.
Defendants-Appellants. ]
Francisco Torres, Darren Steele, Ricardo Villa, and Terrell Agee appealed
their sentences imposed for their involvement in drug trafficking. Torres and Villa
were sentenced to 360 months’ imprisonment, Steele to 324 months’ imprisonment
and Agee to 292 months’ imprisonment. On appeal, they all argued that the district
court erred by sentencing them under the mandatory sentencing guidelines, see
United States v. Booker, 543 U.S. 220 (7th Cir. 2005). After rejecting additional
sentencing arguments raised by Agee, we ordered a limited remand under the terms
set forth in United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), for a
determination whether the district court would have imposed the same sentence
had it understood that the guidelines were advisory.
The district judge has replied that he likely would have imposed different
sentences for all four defendants if the sentencing guidelines had been advisory
when the defendants were sentenced. The government and counsel for Torres,
Steele, and Villa have responded and agree that the cases should be remanded for
resentencing. Accordingly,
IT IS ORDERED that the sentences of Francisco Torres, Darren Steele,
Ricardo Villa, and Terrell Agee are VACATED, and the cases are REMANDED to
the district court for resentencing.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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