UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Argued March 29, 2005 Decided March 15, 2006

Before

Hon. RICHARD D. CUDAHY, Circuit Judge

Hon. DIANE P. WOOD, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 04-2776

UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Southern District of Illinois. v. No. 03 CR 40084-001-JLF RUBEN HERRERA-HERRERA, Defendant-Appellant. James L. Foreman, Judge.

ORDER

Ruben Herrera-Herrera pleaded guilty under an open plea to one count of being in the United States unlawfully after deportation in violation of 8 U.S.C. § 1326(a). Relying on the Sentencing Guidelines, the district court sentenced him to 30 months’ imprisonment based in part on a prior felony conviction. We ordered a limited remand of Herrera-Herrera’s sentence in accordance with United States v. Booker, 125 S. Ct. 738 (2005), and United States v. Paladino, 401 F.3d 471, 483 (7th Cir. 2005), so that the district court could determine whether it believed Herrera-Herrera’s sentence remains appropriate now that Booker has relegated the Sentencing Guidelines to advisory status. No. 04-2776 Page 2

The district court has replied that, now knowing that the Guidelines are not mandatory, it would reimpose the same sentence. We invited both parties to file any arguments concerning the appropriate disposition of this case in light of the district court’s decision. Herrera-Herrera has filed a statement advising that he has completed his term of incarceration and wishes voluntarily to dismiss his appeal pursuant to FED. R. APP. P. 42(b). Counsel notes that the term of supervision that the court could impose remains the same regardless of the outcome of the appeal.

We agree with Herrera-Herrera that dismissal is appropriate under these circumstances. This appeal is therefore DISMISSED.