United States v. Santiago, Eli

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

April 12, 2006

Before

Hon. RICHARD A. POSNER, Circuit Judge

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 04-2489 Appeal from the United States UNITED STATES OF AMERICA, District Court for the Plaintiff-Appellee, Northern District of Illinois, Eastern Division. v. No. 02 CR 384 ELI SANTIAGO, Defendant-Appellant. Robert W. Gettleman, 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 he cannot conclude that he would have imposed the same sentence on Santiago at the time of his original sentencing had he known that the Sentencing Guidelines were advisory and not binding. The parties’ position statements in response to our invitation to comment on the district court’s Paladino response agree that resentencing is appropriate. Accordingly, pursuant to Paladino, we VACATE Santiago’s sentence and REMAND to the district court for resentencing.