United States of America v. Kevin Webster

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 8, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 03-4314
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEVIN WEBSTER,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District of
Indiana, Terre Haute Division
No. 2:02CR00017-001
John Daniel Tinder,
Judge.
O R D E R
Kevin Webster was sentenced for possession with intent to distribute
methamphetamine, 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), possession of a gun in
relation to a drug trafficking crime, 18 U.S.C. § 924(c), and possession of a gun and
bullets by a convicted felon, id. § 922(g)(1). He argued for the first time on appeal
that the district court erred by applying the sentencing guidelines as mandatory.
See United States v. Booker, 543 U.S. 220 (2005). We remanded to ask whether the
judge would have imposed a lesser sentence had he known that the guidelines were
advisory. See United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005). The
judge said yes, and therefore we VACATE Webster’s sentence and REMAND for
resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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