UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

July 19, 2005

Before

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

No. 02-2979

United States of America, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 99 CR 928 Nicole Davis, Defendant-Appellant. Matthew F. Kennelly, Judge.

ORDER

On May 6, 2005, we ordered a limited remand so that the district court could determine whether it believed Nicole Davis’s sentence remains appropriate now that United States v. Booker, 125 S. Ct. 738 (2005), has relegated the United States Sentencing Guidelines to advisory status. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).

The district judge has replied that he would not impose the same sentence today knowing that the Guidelines are not mandatory. In Paladino, we stated, “If . . . the judge states on limited remand that he would have imposed a different sentence had he known the guidelines were merely advisory, we will vacate the original sentence and remand for resentencing.” Id. at 484.

As such, we VACATE Defendant Davis’s original sentence and REMAND this matter to the district court for resentencing.