UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
November 17, 2005
Before
Hon. William J. Bauer, Circuit Judge
Hon. Kenneth F. Ripple, Circuit Judge
Hon. Diane P. Wood, Circuit Judge
UNITED STATES OF AMERICA, ] Appeal from the United
Plaintiff-Appellee, ] States District Court for
] the Central District of
No. 04-2015 v. ] Illinois.
]
CEDRIC WASHINGTON, ] No. 03 CR 20045
Defendant-Appellant. ]
] Michael P. McCuskey,
] Chief Judge.
ORDER
On limited remand under United States v. Paladino, 401 F.3d 471 (7th Cir.
2005), the district court concluded that “it would have imposed the same sentence”
had it known that the sentencing guidelines were advisory. The parties were
offered the opportunity to respond before we finally resolved the appeal. Defendant
Washington chose not to respond while the government did requesting that we
affirm the district court’s sentence.
Washington’s sentence is within the guideline range and therefore
presumptively reasonable. See United States v. Mykytiuk, 415 F.3d 606, 608 (7th
Cir. 2005). His failure to respond leaves that presumption unrebutted. The district
court’s sentence does not appear to be unreasonable and therefore is AFFIRMED.