United States v. Warmuz, Dana

187 F. App'x 646

• Court: Court of Appeals for the Seventh Circuit
• Decided: July 21, 2006
• Docket: 05-4111
• Status: Unpublished

Opinion

ORDER

Dana Warmuz pleaded guilty to embezzlement, see 18 U.S.C. § 656, and was sentenced under the advisory sentencing guidelines to 24 months in prison. Now she argues that her sentence violates ex post facto principles of due process because the district court would have been required to impose a lower sentence under the mandatory guidelines regime that was in place when she committed her crime.

As Warmuz acknowledges, we have already decided that no due process violation arises from retroactively applying the advisory regime created by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Paulus, 419 F.3d 693, 698-99 (7th Cir.2005) ; United States v. Jamison, 416 F.3d 538, 539 (7th Cir.2005). Nonetheless, Warmuz asks us to change the rule. In a number of recent cases, however, we have already rejected the arguments she offers for overruling our precedent. E.g., United States v. Sliman, 449 F.3d 797, 801 (7th Cir.2006); United States v. Farris, 448 F.3d 965, 968-69 (7th Cir.2006).

Indeed, we are especially confident of our views when we consider that every other circuit agrees with us. See United States v. Lata, 415 F.3d 107, 110-12 (1st Cir.2005); United States v. Fairclough, 439 F.3d 76, 78-79 (2d Cir.2006) (per curiam), ce rt. denied, — U.S. -, 126 S.Ct. 2915, 165 L.Ed.2d 937 (2006); United States v. Pennavaria, 445 F.3d 720, 723-24 (3d Cir.2006); United States v. Davenport, 445 F.3d 366, 369-70 (4th Cir.2006); United States v. Austin, 432 F.3d 598, 599-600 (5th Cir.2005) (per curiam); United States v. Richardson, 437 F.3d 550, 555 (6th Cir.2006) ; United States v. Wade, 435 F.3d 829, 832 (8th Cir.2006) (per curiam); United States v. Dupas, 419 F.3d 916, 919-21 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1484, 164 L.Ed.2d 261 (2006); United States v. Rines, 419 F.3d 1104, 1106-07 (10th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1089, 163 L.Ed.2d 905 (2006); United States v. Duncan, 400 F.3d 1297, 1306-08 (11th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 432, 163 L.Ed.2d 329 (2005); United States v. Alston-Graves, 435 F.3d 331, 343 (D.C.Cir.2006).

Accordingly, the judgment of the district court is AFFIRMED.