United States v. Duran, Frank

U.S. Court of Appeals for the Seventh Circuit
United States v. Duran, Frank, 169 F. App'x 483 (7th Cir. 2006)

United States v. Duran, Frank

Opinion

ORDER

After being convicted of various charges arising out of his involvement in a drug distribution conspiracy, Frank Duran was sentenced to a lengthy term of imprisonment. On appeal, Duran argued, among other things, that his sentence violated the Sixth Amendment. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); United States v. Paladino, 401 F.3d 471, 481 (7th Cir. 2005). We remanded to ask whether the judge would have imposed a lesser sentence had he known that the guidelines were advisory, see Paladino, 401 F.3d at 483-84. He answered that he would. Consequently, we VACATE Duran’s sentence and REMAND for resentencing.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Frank DURAN, Defendant-Appellant
Status
Unpublished