United States v. Barlow, Ronnie , 207 F. App'x 673 ( 2006 )

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 30, 2006
Before
Hon. FRANK H. EASTERBROOK, Chief Judge
Hon. DANIEL A MANION, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 02-3265 Appeal from the United States
District Court for the Northern
UNITED STATES OF AMERICA, District of Illinois, Eastern Division
Plaintiff-Appellee,
No. 99 CR 544
v.
Wayne R. Andersen, Judge.
RONNIE BARLOW, a/k/a “RUMP”,
Defendant-Appellant.
ORDER
A jury in the Northern District of Illinois convicted Ronnie Barlow of
conspiracy to possess with intent to distribute controlled substances in violation of
21 U.S.C. § 846. While his appeal remained pending, the Supreme Court issued its
decision in United States v. Booker, 543 U.S. 220 (2005). We remanded to ask
whether the judge would have imposed a lesser sentence had he known that the
guidelines were advisory. See United States v. Paladino, 401 F.3d 471, 483-84 (7th
Cir. 2005). The judge said yes, and therefore we VACATE Barlow’s sentence and
remand for re-sentencing.