United States v. Stokes, Johnny L.

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 11, 2006
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 04-2730
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Eastern District of
Wisconsin
v.
No. 03-CR-217
JOHNNY L. STOKES,
Defendant-Appellant. Charles N. Clevert, Jr.,
Judge.
ORDER
Johnny Stokes argued that the district court erred under United States v.
Booker, 543 U.S. 220 (2005), by sentencing him under the formerly mandatory
sentencing guidelines. The government conceded the error, so we ordered a limited
remand to ask the district court whether it would have imposed the same sentence
had it known that the guidelines were advisory, see United States v. Paladino, 401
F.3d 471, 484 (7th Cir. 2005). The court has assured us that it would have, so the
only remaining question is the reasonableness of Stokes’ sentence. Since Stokes’
sentence was in the middle of a properly calculated guideline range, it was
presumptively reasonable, see United States v. Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). And because Stokes has not responded to the district court’s statement,
he has not rebutted that presumption. The judgment is AFFIRMED.