United States v. Johnson, Femi

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

June 7, 2006

Before

Hon. William J. Bauer, Circuit Judge

Hon. Richard A. Posner, Circuit Judge

Hon. Daniel A. Manion, Circuit Judge

No. 04-2406

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 103

FEMI JOHNSON.

Defendant-Appellant. Matthew F. Kennelly, Judge.

ORDER

On Paladino remand, the district judge stated that he would have imposed the same guidelines sentence that he imposed originally had he known that the guidelines were merely advisory and not mandatory. Such a resentence is presumptively reasonable and in this case the presumption has not been rebutted, the judge having fully considered the defendant's arguments for a lower standard in accordance with 18 U.S.C. § 3553(a).

AFFIRMED.