U.S. Court of Appeals for the Seventh Circuit, 2005

United States v. Lechuga-Ponce, Angel

United States v. Lechuga-Ponce, Angel
U.S. Court of Appeals for the Seventh Circuit · Decided July 27, 2005 · Cudahy, Manion, Evans
140 F. App'x 620

United States v. Lechuga-Ponce, Angel

Opinion

ORDER

In an opinion and order dated May 17, 2005, this court directed a limited remand to the District Court for the Eastern District of Wisconsin in the above-captioned case. United States v. Lechuga-Ponce, 407 F.3d 895 (7th Cir. 2005). We did so pursuant to this court’s decision in United States v. Paladino, 401 F.3d 471 (7th Cir. *621 2005). In that case this court held that in light of the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a criminal defendant sentenced pursuant to the sentencing guidelines was entitled to a remand “where this court cannot be assured that the district court would have arrived at the same sentence if it had treated the guidelines as advisory.” Lechuga-Ponce, 407 F.3d at 897.

On remand, the district court determined that “I may have sentenced the defendant differently had I known that the United States Sentencing Guidelines were advisory.” In light of the conclusion, and consistent with this court’s decision in Paladino, we order that Lechuga-Ponce’s sentence is vacated and this case is remanded to the district court for resentencing.

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