04-1170•United States of America v. PAUL J. DELATORRE and FREDERICK J. DIETZ
04-1170Court of Appeals for the Seventh Circuit28 de jun. de 2005
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 28, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
Nos. 04-1170 & 04-1243
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PAUL J. DELATORRE and
FREDERICK J. DIETZ,
Defendants-Appellants.
Appeals from the United States
District Court for the Western District
of Wisconsin,
Nos. 03-CR-088-S-01 & 03-CR-088-S-
02
John C. Shabaz,
Judge.
O R D E R
After concluding that the district court correctly calculated the defendants’
ranges under the sentencing guidelines, we ordered limited remands so that the
district court could state whether it would have imposed the same sentences given
the additional discretion provided by United States v. Booker, 125 S. Ct. 738 (2005).
See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district judge has replied that he would have imposed identical
sentences even under advisory guidelines. We invited the parties to file arguments
addressing the impact of the district court’s response on the proper disposition of
this appeal, but Dietz and Delatorre have let the deadline pass without taking that
opportunity. Delatorre’s sentence of 180 months’ imprisonment is within the 168-
to 210-month guideline range. And Dietz’s 60-month term is below the 70- to 87
month guideline range. We perceive no reason why these sentences are
“unreasonable” and AFFIRM the judgments.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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