United States v. Velleff, Randy , 155 F. App'x 239 ( 2005 )

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 18, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-1951
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Northern District of
Illinois, Eastern Division
v.
No. 02 CR 398-1
RANDY VELLEFF,
Defendant-Appellant. Joan H. Lefkow,
Judge.
ORDER
Randy Velleff was sentenced to 430 months’ imprisonment for robbery, 18
U.S.C. § 1951, and gun and drug crimes, id. § 924(c)(1)(A); 21 U.S.C. §§ 841(a)(1),
846. On appeal he argued that the district court erred by sentencing him under the
mandatory sentencing guidelines, see United States v. Booker, 125 S. Ct. 738(2005), so we ordered a limited remand to ask if the court would have given him the
same sentence had it known the guidelines were advisory, United States v.
Paladino, 401 F.3d 471, 484 (7th Cir. 2005). The court answered that it would have
given him a lighter sentence. Consequently, the government concedes that Velleff’s
sentence must be vacated. We agree.
VACATED and REMANDED.