Testo completo
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 19, 2005
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 02-2979
United States of America,
Plaintiff-Appellee,
v.
Nicole Davis,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division.
No. 99 CR 928
Matthew F. Kennelly,
Judge.
O R D E R
On May 6, 2005, we ordered a limited remand so that the district court could
determine whether it believed Nicole Davis’s sentence remains appropriate now that
United States v. Booker, 125 S. Ct. 738 (2005), has relegated the United States
Sentencing Guidelines to advisory status. See United States v. Paladino, 401 F.3d 471
(7th Cir. 2005).
The district judge has replied that he would not impose the same sentence today
knowing that the Guidelines are not mandatory. In Paladino, we stated, “If . . . the
judge states on limited remand that he would have imposed a different sentence had
he known the guidelines were merely advisory, we will vacate the original sentence
and remand for resentencing.” Id. at 484.
As such, we VACATE Defendant Davis’s original sentence and REMAND this
matter to the district court for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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