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

United States v. Gardner

United States v. Gardner
U.S. Court of Appeals for the Seventh Circuit · Decided August 30, 2005 · Fairchild, Kanne, Posner
142 F. App'x 926

United States v. Gardner

Opinion of the Court

ORDER

On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district court concluded that “it would have imposed a different sentence had it known the guidelines were merely advisory.” The parties filed memoranda in response to our written invitation and agree that Gardner’s sentence should be vacated and the case remanded for resentencing. Accordingly, we VACATE Gardner’s sentence and REMAND for resentencing in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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