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

United States v. Velleff, Randy

United States v. Velleff, Randy
U.S. Court of Appeals for the Seventh Circuit · Decided November 18, 2005 · Posner, Wood, Williams
155 F. App'x 239

United States v. Velleff, Randy

Opinion

ORDER

Randy Velleff was sentenced to 430 months’ imprisonment for robbery, 18 U.S.C. § 1951, and gun and drug crimes, id. § 924(c)(1)(A); 21 U.S.C. §§ 841(a)(1), 846. On appeal he argued that the district court erred by sentencing him under the mandatory sentencing guidelines, see United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), so we ordered a limited remand to ask if the court would have given him the same sentence had it known the guidelines were advisory, United States v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005). The court answered that it would have given him a lighter sentence. Consequently, the government concedes that Velleffs sentence must be vacated. We agree.

VACATED and REMANDED.

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