United States of America v. William Henry Smith, Iii

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
October 12, 2005
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2140
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM HENRY SMITH, III,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Indiana, South Bend Division.
No. 03 CR 58
Allen Sharp,
Judge.
O R D E R
This court ordered a limited remand so the district court could state on the record
whether the sentence remains appropriate now that United States v. Booker,
125 S. Ct. 738 (2005), has limited the Guidelines to advisory status. See United States
v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district judge has now replied that he would today impose the same sentence,
knowing of the Guidelines’ advisory status. The range under the Guidelines is 110 to
137 months, and Smith’s sentence of 110 months is the lowest possible sentence. We
do not see any reason why Smith’s sentence would be deemed “unreasonable” in post-
Booker practice. The judgment of the district court therefore is AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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