United States v. Larry Billian ( 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NONPRECEDENTIAL DISPOSITION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
June 4, 2010
Before
FRANK H. EASTERBROOK, Chief Judge
DANIEL A. MANION, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 09-3385
Appeal from the United
UNITED STATES OF AMERICA, States District Court for the
Plaintiff-Appellee, Northern District of Indiana,
Fort Wayne Division.
v.
No. 1:08-CR-31
LARRY D. BILLIAN, William C. Lee, Judge.
Defendant-Appellant.
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. Therefore, although Billian’s conviction is affirmed, his sentence is
now vacated, and the case is remanded for resentencing. The mandate will issue
immediately.