United States v. Rodrigo-Abad

U.S. Court of Appeals for the Seventh Circuit
United States v. Rodrigo-Abad, 153 F. App'x 400 (7th Cir. 2005)

United States v. Rodrigo-Abad

Opinion

ORDER

On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district court responded that it would have given Gervacio Rodrigo-Adab “the same sentence had the guidelines been advisory at the time of sentencing.” We invited the parties to file memoranda addressing the district court’s statement, but neither did so. Rodrigo-Abad’s 121-month sentence, which is only one month greater than the applicable statutory minimum of 120 months, is within his guideline range and therefore presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606 (7th Cir. 2005). His failure to respond leaves that presumption unrebutted. Our independent review does not suggest the sentence is unreasonable and, thus, we AFFIRM the judgement.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Gervacio RODRIGO-ABAD, Defendant-Appellant
Status
Unpublished