UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

August 30, 2005

Before

Hon. THOMAS E. FAIRCHILD, Circuit Judge

Hon. RICHARD A. POSNER, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge

No. 04-1826 Appeal from the United States UNITED STATES OF AMERICA, District Court for the Northern Plaintiff-Appellee, District of Illinois, Eastern Division

v. No. 03 CR 428

DERRICK GARDNER, Ronald A. Guzman, Defendant-Appellant. Judge.

ORDER

On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district court concluded that “it would have imposed a different sentence had it known the guidelines were merely advisory.” The parties filed memoranda in response to our written invitation and agree that Gardner’s sentence should be vacated and the case remanded for resentencing. Accordingly, we VACATE Gardner’s sentence and REMAND for resentencing in light of United States v. Booker, 125 S. Ct. 738 (2005).