United States v. Larson, Dwight

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 17, 2005
Before
Hon. William J. Bauer, Circuit Judge
Hon. Kenneth F. Ripple, Circuit Judge
Hon. Diane P. Wood, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Central District of
No. 02-2833 v. ] Illinois.
]
DWIGHT D. LARSON, ] No. 01 CR 20041
Defendant-Appellant. ]
] Michael P. McCuskey,
] Chief Judge.
ORDER
This case comes back to us following a limited remand under United States v.
Paladino, 401 F.3d 471 (7th Cir. 2005). The district court determined that “it would
have imposed the same term of supervised release on Defendant even if it was
aware that the sentencing guidelines were merely advisory.” We invited the parties
to file memoranda addressing the appropriate disposition of the appeal in light of
the district court’s statement, but neither did so.
Sentences properly calculated under the sentencing guidelines are
presumptively reasonable, United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.
2005), and defendant Larson’s failure to file a response leaves that presumption un-
rebutted. His sentence does not appear to be unreasonable and is therefore
AFFIRMED.