UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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

February 3, 2006

Before

Hon. WILLIAM J. BAUER, Circuit Judge

Hon. JOHN L. COFFEY, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge

No. 04-2652

UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division v. No. 03 CR 920-1 COSME MALDONADO-CERNA, Defendant-Appellant. Ronald A. Guzmán, Judge.

ORDER

Cosme Maldonado-Cerna was sentenced to 77 months in prison for illegal reentry of the United States as an aggravated felon, see 8 U.S.C. § 1326(a), (b)(2). He appealed, arguing that the district court plainly erred by sentencing him under the formerly mandatory regime. See United States v. Booker, 543 U.S. 220 (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 Maldonado-Cerna’s sentence and REMAND for resentencing.