United States v. Galvan-Gonzalez, Her

U.S. Court of Appeals for the Seventh Circuit
United States v. Galvan-Gonzalez, Her, 162 F. App'x 647 (7th Cir. 2006)

United States v. Galvan-Gonzalez, Her

Opinion

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, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (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 57 to 71 months, and Galvan-Gonzalez’ sentence of 57 months is the lowest possible guidelines sentence. The defendant did not respond to our invitation to file an argument concerning the appropriate disposition of the appeal in light of the district court’s response. We do not see any reason why Galvan-Gonzalez’ sentence would be deemed “unreasonable” in post-Booker practice. The judgment of the district court therefore is Affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Herminio GALVAN-GONZALEZ, Defendant-Appellant
Status
Unpublished