United States of America v. Eli Santiago

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 12, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2489
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ELI SANTIAGO,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Illinois, Eastern
Division.
No. 02 CR 384
Robert W. Gettleman,
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 he cannot conclude that he would
have imposed the same sentence on Santiago at the time of his original sentencing
had he known that the Sentencing Guidelines were advisory and not binding. 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 Santiago’s sentence and REMAND to the
district court for resentencing.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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