United States v. Blake, Ronald E.

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
October 24, 2005
Before
Hon. William J. Bauer, Circuit Judge
Hon. Ilana Diamond Rovner, Circuit Judge
Hon. Ann Claire Williams, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Southern District of
No. 03-3716 v. ] Illinois.
]
RONALD E. BLAKE, ] No. 02 CR 30086
Defendant-Appellant. ]
] G. Patrick Murphy,
] Chief Judge.
ORDER
After concluding that Ronald Blake’s conviction should be affirmed, we
ordered a limited remand so that the district judge could determine whether the
sentence he imposed is appropriate, given that the federal sentencing guidelines
are no longer mandatory. See United States v. Booker, 125 S. Ct. 735 (2005).
On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir.
2005), the district judge concluded that he would have imposed a different sentence
had he known that the federal sentencing guidelines were merely advisory.
Both parties were offered the opportunity to respond before we finally resolve
the appeal; the defendant responded but the plaintiff responded late. Accordingly,
IT IS ORDERED that the sentence imposed by the district court is
VACATED, and the case is REMANDED for re-sentencing.