U.S. Court of Appeals for the Seventh Circuit, 2006

United States v. Duran, Frank

United States v. Duran, Frank
U.S. Court of Appeals for the Seventh Circuit · Decided February 28, 2006 · Hon, Flaum, Kanne, Rovner
169 F. App'x 483

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.

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