United States of America v. James Frith, Jr.

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 4, 2008
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2364
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES FRITH, JR.,
Defendant-Appellant.
Appeal from the United States
District Court for the
Northern District of Illinois,
Eastern Division.
No. 01 CR 502
Rebecca R. Pallmeyer,
Judge.
O R D E R
On August 29, 2006, 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 guidelines to advisory
status. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).
The district judge has now replied that she cannot conclude that she would
have imposed the same sentence on Frith at the time of his original sentencing had
she known that the guidelines were advisory and not binding. In reply to our
invitation to comment on the district court’s Paladino response, the United States
agrees that resentencing is appropriate. The defendant did not file a position
statement. Accordingly, pursuant to Paladino, we VACATE Frith’s sentence and
REMAND to the district court for resentencing.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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