UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

October 12, 2005

Before

Hon. FRANK H. EASTERBROOK, Circuit Judge

Hon. DIANE P. WOOD, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 04-2140

UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Indiana, South Bend Division. v. No. 03 CR 58 WILLIAM HENRY SMITH, III, Defendant-Appellant. Allen Sharp, Judge.

ORDER

This court ordered a limited remand so the district court could state on the record whether the sentence remains appropriate now that United States v. Booker, 125 S. Ct. 738 (2005), has limited the Guidelines to advisory status. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005).

The district judge has now replied that he would today impose the same sentence, knowing of the Guidelines’ advisory status. The range under the Guidelines is 110 to 137 months, and Smith’s sentence of 110 months is the lowest possible sentence. We do not see any reason why Smith’s sentence would be deemed “unreasonable” in post- Booker practice. The judgment of the district court therefore is AFFIRMED.