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

United States v. Lagunas-Delgado, Ped

United States v. Lagunas-Delgado, Ped
U.S. Court of Appeals for the Seventh Circuit · Decided May 16, 2006 · Ann, Coffey, Hon, John, Posner, Richard, Williams
179 F. App'x 396

United States v. Lagunas-Delgado, Ped

Opinion

ORDER

The district court sentenced Pedro Lagunas-Delgado to 70 months’ imprisonment and three years’ supervised release for being present in the United States after being convicted of an aggravated felony. On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), the district judge stated that even if he had known that the Sentencing Guidelines were advisory and not mandatory, United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), he would have imposed the same sentence (which was at the low end of the guideline range). We have invited both parties to respond to the district court’s statement, but only the government has done so. Mr. Lagunas-Delgado has therefore shown no reason why the sentence, which is presumed reasonable under United States v. Mykytiuk, 415 F.3d 606 (7th Cir. 2005), should not stand, and our own review shows none.

AFFIRMED.

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