United States of America v. Michael J. Murphy

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 30, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 03-4291
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL J. MURPHY,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division
No. 03 CR 138
James F. Holderman,
Judge.
O R D E R
On August 25, 2005, we affirmed the district court’s calculation of Michael
Murphy’s sentence, but ordered a limited remand under United States v. Paladino,
401 F.3d 471 (7th Cir. 2005), directing the sentencing judge to consider whether he
would impose the same sentence if he had known the guidelines were advisory. The
district court judge examined the record along with statements submitted by
counsel, and concluded that he would have reimposed the original sentence. Noting
the many victims Murphy defrauded for large sums and the irreparable harm he
caused, the district court cited to 18 U.S.C. § 3553(a)(2)(A), and concluded that
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 03-4291 Page 2
his “365-month sentence properly ‘reflects the seriousness of the offense, promotes
respect for the law and provides just punishment for the offense.’”
Both parties submitted arguments on the appropriate disposition of this
appeal in light of the district court’s decision. We have considered those
submissions and affirm because we conclude that Murphy’s sentence was
reasonable.
AFFIRMED.

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