U.S. Court of Appeals for the Seventh Circuit, 2009

United States v. Chambers

United States v. Chambers
U.S. Court of Appeals for the Seventh Circuit · Decided April 7, 2009
318 F. App'x 433

United States v. Chambers

Opinion of the Court

ORDER

Upon consideration of the statements of position submitted by the parties in this case, which has been remanded to this court by the Supreme Court, Chambers v. United States, — U.S. -, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). we remand this case to the district court for resentencing of the defendant in accordance with the Supreme Court’s decision and the procedures set forth in Nelson v. United States, — U.S. -, 129 S.Ct. 890, 172 L.Ed.2d 719 (2009); Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), which allow a defendant in a resentencing proceeding to raise a new argument based on statutes or judicial decisions that postdate his original sentencing, provided they are not foreclosed by the decision in his appeal from his original, vacated sentence,

So Ordered.

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