United States v. Macari, Peter R.

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NONPRECEDENTIAL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

January 4, 2007

Before

Hon. JOHN L. COFFEY, Circuit Judge

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

No. 04-2151 Appeal from the United States UNITED STATES OF AMERICA, District Court for the Plaintiff-Appellee, Northern District of Illinois, Eastern Division

v.

No. 03 CR 1061

PETER R. MACARI, Defendant-Appellant. Suzanne B. Conlon, Judge.

ORDER

The district court sentenced Peter R. Macari to 46 months’ imprisonment with 36 months of the sentence to be served concurrently with a 10 year state sentence and the remaining 10 months to be served consecutively to his state sentence for conspiracy to travel interstate to promote arson and aiding and abetting travel in interstate commerce to promote arson. On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district judge stated that even if she had known that the Sentencing Guidelines were advisory and not mandatory, United States v. Booker, 543 U.S. 220 (2005), she would have imposed the same sentence (which was at the low end of the guideline range). We have

No. 04-2151 Page 2

invited both parties to respond to the district court’s statement, but only the government has done so. Mr. Macari has therefore shown no reason why the sentence, which is presumed reasonable under United States v. Mykytiuk, 415 F.3d 606 (7th Cir. 2005), should not stand, and our own review shows none.

AFFIRMED.