U.S. Court of Appeals for the Seventh Circuit, 2010

United States v. Billian

U.S. Court of Appeals for the Seventh Circuit · Decided June 4, 2010 · Easterbrook, Evans, Manion

383 F. App'x 538

Counsel

Lesley J. Miller Lowery, Attorney, Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee., Michelle F. Kraus, Attorney, Fort Wayne, IN, for Defendant-Appellant.

Cases that cite this one

1 later published case cites this decision.

Billian v. United States (Supreme Court of the United States 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order

Our opinion in this appeal, 600 F.3d 791 (7th Cir. 2010), concluded that Billian’s conviction is valid but, after identifying an error in the Guidelines calculation, ordered a limited remand “so that the district judge can tell us whether the error in converting pounds to kilograms affected the exercise of discretion in sentencing. If the judge answers yes, we will remand for a full resentencing; if the judge answers no, we will affirm Billian’s sentence.” The district judge has informed us that the error did affect Billian’s sentence. There*539fore, although Billian’s conviction is affirmed, his sentence is now vacated, and the case is remanded for resentencing. The mandate will issue immediately.

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