United States of America v. Deondery Chambers

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 7, 2009
Before
RICHARD A. POSNER, Circuit Judge
DANIEL A. MANION, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 06‐2405
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
DEONDERY CHAMBERS,
Defendant‐Appellant.
Appeal from the United States District
Court for the Southern District of
Illinois.
No. 4:05‐cr‐40444‐JLF
G. Patrick Murphy, Judge.
O R D E R
Upon consideration of the statements of position submitted by the parties in this
case, which has been remanded to this court by the Supreme Court, Chambers v. United
States, 129 S. Ct. 687 (2009). we remand this case to the district court for resentencing of the
defendant in accordance with the Supreme Courtʹs decision and the procedures set forth in
Nelson v. United States, 129 S. Ct. 890 (2009); Gall v. United States, 128 S. Ct. 586 (2007), and
Kimbrough v. United States, 128 S. Ct. 558 (2007), which allow a defendant in a resentencing
proceeding to raise a new argument based on statutes or judicial decisions that postdate his
original sentencing, provided they are not foreclosed by the decision in his appeal from his
original, vacated sentence,
So Ordered.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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