United States v. Matthew Elder

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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

Argued May 22, 2018 Decided February __, 2019

Before

JOEL M. FLAUM, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

ROBERT W. GETTLEMAN, District Judge *

No. 17-2207

UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Indiana, Evansville Division. v. No. 3:13-cr-00017-RLY-CMM-8 MATTHEW ELDER, Defendant-Appellant. Richard L. Young, Judge.

ORDER

On August 15, 2018, this court ordered a limited remand under the procedure set forth in United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005), so that the district court could state on the record whether it would impose the same sentence in light of this court’s conclusion that the appellant, Matthew Elder, was not subject to a twenty-year mandatory minimum sentence. United States v. Elder, 900 F.3d 491, 504 (7th Cir. 2018). The district court has replied that it wishes to further review its sentencing determination in light of this court’s conclusion and requests that the case be remanded

* Of the Northern District of Illinois, sitting by designation. No. 17-2207 Page 2

for resentencing. Accordingly, pursuant to Paladino, the court VACATES Mr. Elder’s sentence and REMANDS the case to the district court for resentencing.