Testo completo
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 3, 2006
Before
Hon. JOHN L. COFFEY, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
No. 04-3985
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
VICTOR NAJERA,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 00 CR 274
Matthew F. Kennelly,
Judge.
O R D E R
Victor Najera pleaded guilty to conspiracy to distribute cocaine. See 21
U.S.C. § 846. In sentencing him, Judge Matthew F. Kennelly treated the guidelines
as mandatory in accordance with the law as it existed before United States v.
Booker, 543 U.S. 220 (2005). Following Booker, we ordered a limited remand,
pursuant to United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), so the judge
could inform us whether he would have sentenced Najera differently had he known
the sentencing guidelines were merely advisory.
In response to our order, Judge Kennelly stated that he would have imposed
a lower sentence. We invited the parties to file position statements concerning the
appropriate disposition of the case. Only Najera has responded, and he concurs
with the district court that resentencing is appropriate. Accordingly, IT IS
ORDERED that Najera’s sentence is VACATED, and the case is REMANDED to
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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No. 03-2817 Page 2
the district court for resentencing.
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