United States v. Velleff, Randy , 155 F. App'x 239 ( 2005 )


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  •                               UNPUBLISHED ORDER
    Not to be cited per Circuit Rule 53
    United States Court of Appeals
    For the Seventh Circuit
    Chicago, Illinois 60604
    November 18, 2005
    Before
    Hon. RICHARD A. POSNER, Circuit Judge
    Hon. DIANE P. WOOD, Circuit Judge
    Hon. ANN CLAIRE WILLIAMS, Circuit Judge
    No. 04-1951
    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 398-1
    RANDY VELLEFF,
    Defendant-Appellant.                     Joan H. Lefkow,
    Judge.
    ORDER
    Randy Velleff was sentenced to 430 months’ imprisonment for robbery, 
    18 U.S.C. § 1951
    , and gun and drug crimes, 
    id.
     § 924(c)(1)(A); 
    21 U.S.C. §§ 841
    (a)(1),
    846. On appeal he argued that the district court erred by sentencing him under the
    mandatory sentencing guidelines, see United States v. Booker, 
    125 S. Ct. 738
    (2005), so we ordered a limited remand to ask if the court would have given him the
    same sentence had it known the guidelines were advisory, United States v.
    Paladino, 
    401 F.3d 471
    , 484 (7th Cir. 2005). The court answered that it would have
    given him a lighter sentence. Consequently, the government concedes that Velleff’s
    sentence must be vacated. We agree.
    VACATED and REMANDED.
    

Document Info

Docket Number: 04-1951

Citation Numbers: 155 F. App'x 239

Judges: Per Curiam

Filed Date: 11/18/2005

Precedential Status: Non-Precedential

Modified Date: 1/12/2023