United States v. Brown, Anthony

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

April 5, 2006

Before

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. ILANA DIAMOND ROVNER, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 04-1534 Appeal from the United States District Court for the UNITED STATES OF AMERICA, Northern District of Illinois, Plaintiff-Appellee, Eastern Division.

v. No. 03 CR 886

ANTHONY BROWN, Suzanne B. Conlon, Defendant-Appellant. Judge.

ORDER

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 Sentencing Guidelines to advisory status. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).

The district judge has now replied that she would have imposed a lower sentence rather than the 97-month sentence then mandated by the guidelines. The parties’ position statements in response to our invitation to comment on the district court’s Paladino response agree that resentencing is appropriate. Accordingly, pursuant to Paladino, we VACATE Brown’s sentence and REMAND to the district court for resentencing.