United States of America v. William R. Kapp

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 9, 2006
Before
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 03-4075
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM R. KAPP,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 02 CR 418
Blanche M. Manning,
Judge.
ORDER
Kapp was sentenced to 51 months’ imprisonment for violations of the
Endangered Species Act and the Lacey Act. On appeal, Kapp argued, among other
things, that his sentence violated the Sixth Amendment. See United States v.
Booker, 543 U.S. 220 (2005); United States v. Paladino, 401 F.3d 471, 481 (7th Cir.
2005). We remanded to ask whether the judge would have imposed a lesser
sentence had she known that the guidelines were advisory. See Paladino, 401 F.3d
at 483–84. The judge answered that she would have imposed the same sentence.
Because that sentence fell within the correctly calculated guidelines range, it is
presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). Kapp filed no response before us to rebut that presumption and our
independent review uncovers nothing to suggest unreasonableness. Therefore, in
addition to his convictions, Kapp’s sentence is also AFFIRMED.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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