United States v. Gougis, Malcolm C.

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UNPUBLISHED ORDER Not to be cited per Circuit Rule 53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. 04-1345 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

MALCOLM C. GOUGIS, 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 today impose the same sentence, knowing of the guidelines’ advisory status.

Gougis’s sentence of 60 months was near the upper end of the advisory guidelines range of 51 to 63 months. Gougis did not respond to our invitation to file a response in this court to the district court’s Paladino remand statement. The government in its response points out the district judge considered Gougis’s employment, education, and family history, military service, and mental health and

No. 04-1345 Page 2

drug abuse problems.

We do not see any reason why Gougis’s sentence would be deemed unreasonable in post-Booker practice. The judgment of the district court therefore is AFFIRMED.