U.S. Court of Appeals for the Seventh Circuit, 2008

United States v. Radermacher

United States v. Radermacher
U.S. Court of Appeals for the Seventh Circuit · Decided October 3, 2008
295 F. App'x 85

United States v. Radermacher

Opinion of the Court

Order

After a limited remand under United States v. Taylor, 522 F.3d 731 (7th Cir. 2008), the district judge informed us that she would have imposed a lower sentence had she known about the extent of her discretion under Kimbrough v. United States, — U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007).

*86Given this conclusion, the prejudice component of plain-error review has been established. The sentence is vacated, and the case is remanded for resentencing in light of Kimbrough.

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