United States of America v. Pedro Lagunas-Delgado

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 16, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 03-3775
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PEDRO LAGUNAS-DELGADO,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division
No. 02 CR 907
Harry D. Leinenweber,
Judge.
O R D E R
The district court sentenced Pedro Lagunas-Delgado to 70 months’
imprisonment and three years’ supervised release for being present in the United
States after being convicted of an aggravated felony. On limited remand under
United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district judge stated
that even if he had known that the Sentencing Guidelines were advisory and not
mandatory, United States v. Booker, 543 U.S. 220 (2005), he would have imposed
the same sentence (which was at the low end of the guideline range). We have
invited both parties to respond to the district court’s statement, but only the
government has done so. Mr. Lagunas-Delgado has therefore shown no reason why
the sentence, which is presumed reasonable under United States v. Mykytiuk, 415
F.3d 606 (7th Cir. 2005), should not stand, and our own review shows none.
AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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