United States v. Thomas, Adriese

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 10, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. JOHN L. COFFEY, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-2553
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Northern District of
Illinois, Eastern Division
v.
No. 03 CR 831-1
ADRIESE THOMAS,
Defendant-Appellant. James B. Zagel,
Judge.
ORDER
On limited remand pursuant to United States v. Paladino, 401 F.3d 471 (7th
Cir. 2005), the district court responded that it would have imposed the same
sentence had it known the guidelines were not mandatory. Thomas’s 24-month
sentence is in the middle of a properly calculated guideline range and is therefore
presumptively reasonable. See United States. v Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). And because Thomas declined our invitation to file memoranda
concerning the district court’s response, she failed to rebut this presumption.
Nothing in the record suggests this sentence is unreasonable, thus, we AFFIRM the
judgment.