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

United States v. Gonzalez-Rodriguez

United States v. Gonzalez-Rodriguez
U.S. Court of Appeals for the Seventh Circuit · Decided May 30, 2006 · Hon, Ripple, Manion, Wood
183 F. App'x 568

United States v. Gonzalez-Rodriguez

Opinion

ORDER

Heliodoro Gonzalez-Rodriguez pleaded guilty to conspiracy to possess 250 kilograms of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a), 846. He argued for the first time on appeal that the district court erred by applying the sentencing guidelines as mandatory. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We remanded to ask whether the judge would have imposed a lesser sentence had he known that the guidelines were advisory. See United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir. 2005). The judge said he “likely would not have imposed as severe a sentence.” Therefore we VACATE Gonzalez-Rodriguez’s sentence and REMAND for resentencing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.