United States v. Rodrigo-Abad

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 4, 2005
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
No. 04-3586
Appeal from the United States
UNITED STATES OF AMERICA, District Court for the Southern
Plaintiff -Appellee, District of Indiana
v. No. 1:04CR00035-001
GERVACIO RODRIGO-ABAD, Larry J. McKinney,
Defendant-Appellant. Chief Judge.
ORDER
On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir.
2005), the district court responded that it would have given Gervacio Rodrigo-Adab
“the same sentence had the guidelines been advisory at the time of sentencing.” We
invited the parties to file memoranda addressing the district court’s statement, but
neither did so. Rodrigo-Abad’s 121-month sentence, which is only one month
greater than the applicable statutory minimum of 120 months, is within his
guideline range and therefore presumptively reasonable. See United States v.
Mykytiuk, 415 F.3d 606 (7th Cir. 2005). His failure to respond leaves that
presumption unrebutted. Our independent review does not suggest the sentence is
unreasonable and, thus, we AFFIRM the judgement.