United States v. Henry, Lancelot

U.S. Court of Appeals for the Seventh Circuit
Per Curiam

United States v. Henry, Lancelot

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

June 27, 2005

Before

Hon. WILLIAM J. BAUER, Circuit Judge

Hon. RICHARD A. POSNER, Circuit Judge

Hon. FRANK H. EASTERBROOK, Circuit Judge

No. 02-3955

UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division v. No. 01 CR 1098-3 LANCELOT HENRY, Defendant-Appellant. James F. Holderman, Judge.

ORDER

We ordered a limited remand so that the district court could state whether it would have imposed the same sentence given the additional discretion provided by Untied States v. Booker, 125 S. Ct. 738 (2005). See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).

The district judge has responded that he would have imposed the original sentence even under advisory guidelines. We invited the parties to file arguments addressing the effect of the district court’s response on the proper disposition of this appeal, but Henry has let the deadline pass without taking that opportunity. His sentence of 48 months’ imprisonment is within the 46- to 57-month guideline range. We see no reason why this sentence is “unreasonable” and therefore AFFIRM the judgment.

Reference

Status
Unpublished