United States of America v. Anthony Brown

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 5, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-1534
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANTHONY BROWN,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Illinois,
Eastern Division.
No. 03 CR 886
Suzanne B. Conlon,
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 Sentencing Guidelines to advisory status. See
United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district judge has now replied that she would have imposed a lower
sentence rather than the 97-month sentence then mandated by the guidelines. The
parties’ position statements in response to our invitation to comment on the district
court’s Paladino response agree that resentencing is appropriate. Accordingly,
pursuant to Paladino, we VACATE Brown’s sentence and REMAND to the district
court for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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