United States of America v. John A. Radermacher

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 25, 2008*
Decided October 3, 2008
Before
FRANK H. EASTERBROOK, Chief Judge
JOHN L. COFFEY, Circuit Judge
DIANE P. WOOD, Circuit Judge
No. 07-2234
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN A. RADERMACHER,
Defendant-Appellant.
Appeal from the United
States District Court for the
Western District of
Wisconsin.
No. 05-CR-39-C-01
Barbara B. Crabb, Chief Judge.
Order
After a limited remand under United States v. Taylor, 522 F.3d 731 (7th Cir. 2008),
the district judge informed us that she would have imposed a lower sentence had she
known about the extent of her discretion under Kimbrough v. United States, 128 S. Ct. 558
(2007).
Given this conclusion, the prejudice component of plain-error review has been
established. The sentence is vacated, and the case is remanded for resentencing in light
of Kimbrough.
*After examining the briefs and the record, we have concluded that oral argument is unnecessary.
See Fed. R. App. P. 34(a); Cir. R. 34(f).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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