United States of America v. Mamoun Ali Arman

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 28, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2142
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MAMOUN ALI ARMAN,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 02 CR 1085
Joan Humphrey Lefkow,
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,
543 U.S. 220 (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 with specificity that she would not have
imposed the same sentence on Arman at the time of his original sentencing had she
known that the Sentencing Guidelines were advisory and not binding. The
defendant did not respond to our invitation to file an argument concerning the
appropriate disposition of the appeal in light of the district court’s response;
however, the United States agrees that the sentence should be vacated and the case
remanded for resentencing. Accordingly, we VACATE Arman’s sentence and
REMAND to the district court for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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