United States v. Idowu Akiwowo

U.S. Court of Appeals for the Seventh Circuit

United States v. Idowu Akiwowo

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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

Submitted July 31, 2012 Decided October 3, 2012

Before

DIANE P. WOOD, Circuit Judge

ANN CLAIRE WILLIAMS, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 11‐1996 On Remand from the Supreme Court of UNITED STATES OF AMERICA, the United States Plaintiff‐Appellee, Appeal from the United States District v. Court for the Northern District of Illinois, Eastern Division IDOWU AKIWOWO, also known as WHIP, No. 1:10‐cr‐00216‐1 Defendant‐Appellant. Elaine E. Bucklo, Judge

O R D E R

On July 31, 2012, the Supreme Court of the United States granted Idowu Akiwowo’s petition for a writ of certiorari, vacated this court’s judgment in the case, and remanded for further consideration in light of Dorsey v. United States, 567 U.S. –, 132 S. Ct. 2321 (2012). In accordance with Circuit Rule 54, both parties have filed statements of position setting forth the action that they believe should be taken. Each has recommended that Akiwowo is No. 11‐1996 Page 2

entitled to resentencing, in light of Dorsey, and we agree with that assessment. We thus VACATE Akiwowo’s sentence and REMAND this case to the district court for the Northern District of Illinois for re‐sentencing under the Fair Sentencing Act of 2010, as required by Dorsey.

SO ORDERED.

Reference

Status
Unpublished