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.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Angel LECHUGA-PONCE, Defendant-Appellant
- Status
- Unpublished