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

United States v. Durham, Spencer

United States v. Durham, Spencer
U.S. Court of Appeals for the Seventh Circuit · Decided September 22, 2005 · Fairchild, Posner, Kanne
143 F. App'x 715

United States v. Durham, Spencer

Opinion

ORDER

After we ordered a limited remand, see United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); United States v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005), the district judge informed us that she would have imposed the same sentence on Spencer Durham had she known the sentencing guidelines were advisory. Because that sentence fell within the correctly calculated guidelines range, it was presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005). Since Durham filed no response to rebut that presumption and our independent review uncovers nothing to suggest unreasonableness, the judgment is AFFIRMED.

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