United States v. Matthew Elder ( 2019 )

NONPRECEDENTIAL DISPOSITION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
Argued May 22, 2018
Decided February __, 2019
Before
JOEL M. FLAUM, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
ROBERT W. GETTLEMAN, District Judge *
No. 17-2207
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Southern District of Indiana,
Evansville Division.
v.
No. 3:13-cr-00017-RLY-CMM-8
MATTHEW ELDER,
Defendant-Appellant. Richard L. Young,
Judge.
ORDER
On August 15, 2018, this court ordered a limited remand under the procedure set
forth in United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005), so that the district
court could state on the record whether it would impose the same sentence in light of
this court’s conclusion that the appellant, Matthew Elder, was not subject to a
twenty-year mandatory minimum sentence. United States v. Elder, 900 F.3d 491, 504 (7th
Cir. 2018). The district court has replied that it wishes to further review its sentencing
determination in light of this court’s conclusion and requests that the case be remanded
*
Of the Northern District of Illinois, sitting by designation.
No. 17-2207 Page 2
for resentencing. Accordingly, pursuant to Paladino, the court VACATES Mr. Elder’s
sentence and REMANDS the case to the district court for resentencing.