United States v. Webster, Kevin ( 2006 )

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 8, 2006
Before
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 03-4314
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Southern District of
Indiana, Terre Haute Division
v.
No. 2:02CR00017-001
KEVIN WEBSTER,
Defendant-Appellant. John Daniel Tinder,
Judge.
ORDER
Kevin Webster was sentenced for possession with intent to distribute
methamphetamine, 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), possession of a gun in
relation to a drug trafficking crime, 18 U.S.C. § 924(c), and possession of a gun and
bullets by a convicted felon, id. § 922(g)(1). He argued for the first time on appeal
that the district court erred by applying the sentencing guidelines as mandatory.
See 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 Webster’s sentence and REMAND for
resentencing.