NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

January 12, 2010

Before

RICHARD A. POSNER, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

DANIEL A. MANION, Circuit Judge

No. 02‐3584

UNITED STATES OF AMERICA, Appeal from the United States Plaintiff‐Appellee, District Court for the Northern District of Illinois, Eastern Division.

v. No. 01 CR 567 PEDRO L. CASTILLO, Defendant‐Appellant. Harry D. Leinenweber, Judge.

O R D E R

On December 1, 2009, the district court issued an order in which it said that it would not have imposed the same sentence, if it had known the extent of its discretion to deviate from the guidelines in crack cocaine sentences. See Kimbrough v. United States, 128 S. Ct. 558 (2007). It further indicated that it would be inclined to impose a lesser sentence.

Accordingly, in conformity with our order of October 7, 2008, we therefore vacate the defendant’s sentence and remand for resentencing as contemplated by that order.

It is so ordered.