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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 25, 2008* Decided October 3, 2008 Before FRANK H. EASTERBROOK, Chief Judge JOHN L. COFFEY, Circuit Judge DIANE P. WOOD, Circuit Judge No. 07-2234 Appeal from the United UNITED STATES OF AMERICA, States District Court for the Plaintiff-Appellee, Western District of Wisconsin. v. No. 05-CR-39-C-01 JOHN A. RADERMACHER, Defendant-Appellant. Barbara B. Crabb, Chief Judge. Order After a limited remand under United States v. Taylor,
522 F.3d 731(7th Cir. 2008), the district judge informed us that she would have imposed a lower sentence had she known about the extent of her discretion under Kimbrough v. United States,
128 S. Ct. 558(2007). Given this conclusion, the prejudice component of plain-error review has been established. The sentence is vacated, and the case is remanded for resentencing in light of Kimbrough. *After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).
Document Info
Docket Number: 07-2234
Judges: Per Curiam
Filed Date: 10/3/2008
Precedential Status: Non-Precedential
Modified Date: 4/18/2021