United States v. Santiago-Ochoa, Noel ( 2006 )

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 20, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-3338
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Northern District of
Illinois, Eastern Division.
v.
No. 03 CR 1009-1
NOEL SANTIAGO-OCHOA,
Defendant-Appellant. Milton I. Shadur,
Judge
ORDER
Noel Santiago-Ochoa pleaded guilty to reentering the United States without
permission after being removed to Mexico following conviction for an aggravated
felony. See 8 U.S.C. § 1326(a). The district court sentenced him to 77 months’
imprisonment and three years’ supervised release. We subsequently ordered a
limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir. 2005), so
that the district court could tell us whether it would have imposed the same
sentence knowing that the sentencing guidelines were only advisory. See United
States v. Booker, 543 U.S. 220 (2005).
The district court has responded that it would have imposed the same
sentence on Santiago-Ochoa post-Booker. The parties have not accepted our
No. 04-3338 Page 2
invitation to file arguments regarding the appropriate disposition of the appeal in
light of the district court’s decision. And the sentence falls within the applicable
guidelines range, so it is presumptively reasonable under this court’s precedent.
See United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir. 2005) (holding that
sentence within properly calculated guidelines range is presumptively reasonable).
Cf. Rita v. United States, No. 06-5754, 2006 WL 2307774 (U.S. Nov. 3, 2006)
(granting certiorari to decide whether according presumption of reasonableness to
sentences within guidelines range is consistent with Booker). We therefore
AFFIRM the district court’s sentence.