United States of America v. Scott Njos

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted March 10, 2011∗
Decided March 17, 2011
Before
FRANK H. EASTERBROOK, Chief Judge
DIANE S. SYKES, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 10-3016
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SCOTT NJOS,
Defendant-Appellant.
Appeal from the United
States District Court for the
Northern District of Illinois,
Western Division.
No. 07 CR 50036
Frederick J. Kapala, Judge.
Order
The sentence imposed following our remand of December 30, 2009, exceeds the
Guideline range calculated by the district judge. Relying on 18 U.S.C. §3742(g)(2),
defendant contends that the sentence therefore is invalid. In Pepper v. United States, No.
09–6822 (U.S. Mar. 2, 2011), slip op. 15–20, the Supreme Court concluded that
§3742(g)(2) violates the Constitution by setting limits on district judges’ sentencing
discretion in the absence of findings made by a jury (or the judge in a bench trial), or a
∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
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No. 10-3016 Page 2
defendant’s waiver of his rights under the sixth amendment. This statute therefore is
not a basis to upset the sentence that the district judge concluded is appropriate here.
Because defendant does not contend that his sentence is unreasonable, apart from his
reliance on §3742(g)(2), the judgment of the district court is
AFFIRMED.

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