United States v. Herrera, Pedro

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 14, 2006
Decided December 21, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. JOEL M. FLAUM, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
No. 04-2196
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Northern District
of Illinois, Eastern Division.
v.
No. 02 CR 729-2
PEDRO HERRERA,
Defendant-Appellant. David H. Coar,
Judge.
ORDER
Pedro Herrera was convicted of conspiracy and attempted possession of cocaine
and heroin and was sentenced to 360 months’ imprisonment. United States v. Carrillo,
435 F.3d 767 (7th Cir. 2006). On appeal, we ordered a limited remand in light of our
decision in United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). Carrillo, 435 F.3d
at 785. The district court has responded that he would have imposed the same
sentence in this case had the Guidelines been advisory instead of mandatory. We
invited the parties to file arguments addressing the district court’s response but the
deadline has passed without a response from Herrera. Herrera’s sentence of 360
months’ imprisonment is within the Guidelines range. We see no reason to say that
this sentence is unreasonable and therefore the judgment is AFFIRMED.