United States of America v. Darrell Turner

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
September 20, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-2378
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DARRELL TURNER,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Indiana, South Bend
Division
No. 3:03-CR-00022(02)RM
Robert L. Miller, Jr.,
Chief Judge.
O R D E R
We ordered a limited remand to ask whether the district judge, had he known
the sentencing guidelines were advisory, would have imposed the same sentence on
Darrell Turner. See United States v. Booker, 125 S. Ct. 738 (2005); United States
v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005). The judge answered that he would.
We invited the parties to respond, but only the government did. Here, the
sentencing range was properly calculated under the guidelines and thus
presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). Because Turner has not rebutted that presumption, the judgment in
appeal number 04-2378 is AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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