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

United States v. Banks

United States v. Banks
U.S. Court of Appeals for the Seventh Circuit · Decided August 15, 2006 · Coffey, Flaum, Hon, Kanne
191 F. App'x 471

United States v. Banks

Opinion of the Court

ORDER

After being convicted of possessing cocaine with the intent to distribute it, Rickey Banks was sentenced to 97 months’ imprisonment. On appeal, Banks 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 district judge would have imposed a different sentence had she known that the guidelines were advisory. See Paladino, 401 F.3d at 488-84. She answered that she would like to reconsider Banks’s sentence in light of Booker. Consequently, we VACATE his sentence and REMAND for resentencing.

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