United States v. Banks, Rickey E.

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Argued September 15, 2004 Decided August 15, 2006

Before

Hon. JOEL M. FLAUM, Chief Judge

Hon. JOHN L. COFFEY, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

No. 03-3176

UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division.

v.

No. 01 CR 182

RICKEY EARL BANKS, Defendant-Appellant. Joan B. Gottschall, Judge.

ORDER

After being convicted of possessing cocaine with the intent to distribute it, Rickey Banks was sentenced to 97 months’ imprisonment. On appeal, Banks 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 district judge would have imposed a different sentence had she known that the guidelines were advisory. See Paladino, 401 F.3d at 483-84. She answered that she would like to reconsider Banks’s sentence in light of Booker. Consequently, we VACATE his sentence and REMAND for resentencing.