United States v. Booker, Freddie J.

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
September 28, 2005
Before
Hon. Richard A. Posner, Circuit Judge
Hon. Frank H. Easterbrook, Circuit Judge
Hon. Michael S. Kanne, Circuit Judge
No. 05-2318
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff-Appellee, District Court for the Western
District of Wisconsin.
v.
No. 03 CR 26
FREDDIE J. BOOKER,
Defendant-Appellant. John C. Shabaz, Judge.
ORDER
On remand for resentencing in accordance with the Supreme Court’s decision
in this case, the judge again imposed a 30–year sentence, which was within the
guidelines range. However, the judge properly did not treat the guidelines as
mandatory, but instead explained at length and convincingly why the guidelines
sentence was consistent with the statutory sentencing factors, in view of the gravity
of the defendant’s crime and his long criminal record, notwithstanding the
defendant’s age (40). A guidelines sentence is presumptively reasonable, United
States v. Mykytiuk, 415 F.3d 606 (7th Cir. 2005), and there is nothing here to rebut
the presumption. The judgment is therefore
AFFIRMED.