United States v. Ray Longstreet ( 2010 )

NONPRECEDENTIAL DISPOSITION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 December 22, 2009
Decided January 12, 2010
Before
MICHAEL S. KANNE, Circuit Judge
TERENCE T. EVANS, Circuit Judge
DIANE S. SYKES, Circuit Judge
Nos. 07-1657 & 07-2685 Appeals from the United States District
Court for the Northern District
UNITED STATES OF AMERICA, of Illinois, Eastern Division.
Plaintiff-Appellee,
No. 05 CR 471
v.
Matthew F. Kennelly,
RAY LONGSTREET and MICHAEL Judge.
ERVIN,
Defendants-Appellants.
ORDER
On June 8, 2009, we ordered these cases be returned to the district court on limited remand
to query whether the district court wanted to resentence Ray Longstreet and Michael Ervin in
light of the Supreme Court’s decision in Kimbrough v. United States, 552 U.S. 85 (2007). On
December 22, 2009, the district court communicated its desire to resentence the defendants.
Accordingly, we V ACATE Ray Longstreet’s and Michael Ervin’s sentences and R EMAND their
cases to the district court for resentencing.