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

United States v. Larson, Dwight

United States v. Larson, Dwight
U.S. Court of Appeals for the Seventh Circuit · Decided November 17, 2005 · Bauer, Ripple, Wood
155 F. App'x 895

United States v. Larson, Dwight

Opinion

ORDER

This case comes back to us following a limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). The district court determined that “it would have imposed the same term of supervised release on Defendant even if it was aware that the sentencing guidelines were merely advisory.” We invited the parties to file memoranda addressing the appropriate disposition of the appeal in light of the district court’s statement, but neither did so.

Sentences properly calculated under the sentencing guidelines are presumptively reasonable, United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005), and defendant Larson’s failure to file a response leaves that presumption unrebutted. His sentence does not appear to be unreasonable and is therefore AFFIRMED.

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