United States v. Larry Billian
This text of United States v. Larry Billian (United States v. Larry Billian) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 June 4, 2010
Before
FRANK H. EASTERBROOK, Chief Judge
DANIEL A. MANION, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 09-3385 Appeal from the United UNITED STATES OF AMERICA, States District Court for the Plaintiff-Appellee, Northern District of Indiana, Fort Wayne Division. v. No. 1:08-CR-31 LARRY D. BILLIAN, William C. Lee, Judge. Defendant-Appellant.
Order
Our opinion in this appeal, 600 F.3d 791 (7th Cir. 2010), concluded that Billian’s conviction is valid but, after identifying an error in the Guidelines calculation, ordered a limited remand “so that the district judge can tell us whether the error in converting pounds to kilograms affected the exercise of discretion in sentencing. If the judge answers yes, we will remand for a full resentencing; if the judge answers no, we will affirm Billian’s sentence.” The district judge has informed us that the error did affect Billian’s sentence. Therefore, although Billian’s conviction is affirmed, his sentence is now vacated, and the case is remanded for resentencing. The mandate will issue immediately.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
United States v. Larry Billian, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-larry-billian-ca7-2010.