United States v. Durham, Spencer ( 2005 )

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
September 22, 2005
Before
Hon. THOMAS E. FAIRCHILD, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 04-2481
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff-Appellee, District Court for the Northern
District of Illinois, Eastern Division
v.
No. 03 CR 38-1
SPENCER DURHAM,
Defendant-Appellant. Elaine E. Bucklo,
Judge.
ORDER
After we ordered a limited remand, see United States v. Booker, 125 S. Ct.
738 (2005); United States v. Paladino, 401 F.3d 471, 484 (7th Cir. 2005), the district
judge informed us that she would have imposed the same sentence on Spencer
Durham had she known the sentencing guidelines were advisory. Because that
sentence fell within the correctly calculated guidelines range, it was presumptively
reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005).
Since Durham filed no response to rebut that presumption and our independent
review uncovers nothing to suggest unreasonableness, the judgment is AFFIRMED.