United States v. Galvan-Gonzalez, Her

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 January 20, 2006 Before Hon. FRANK H. EASTERBROOK, Circuit Judge Hon. DIANE P. WOOD, Circuit Judge Hon. DIANE S. SYKES, Circuit Judge No. 04-1342 Appeal from the United States UNITED STATES OF AMERICA, District Court for the Northern Plaintiff-Appellee, District of Illinois, Eastern Division. v. No. 03 CR 026 HERMINIO GALVAN-GONZALEZ, David H. Coar, Defendant-Appellant. Judge. ORDER This court ordered a limited remand so the district court could state on the record whether the sentence remains appropriate now that United States v. Booker, 543 U.S. 220 (2005), has limited the guidelines to advisory status. See United States v. Paladino, 401 F.3d 471 (7th Cir. 2005). The district judge has now replied that he would today impose the same sentence, knowing of the guidelines’ advisory status. The range under the guidelines is 57 to 71 months, and Galvan-Gonzalez’ sentence of 57 months is the lowest possible guidelines sentence. The defendant did not respond to our No. 04-1342 Page 2 invitation to file an argument concerning the appropriate disposition of the appeal in light of the district court’s response. We do not see any reason why Galvan- Gonzalez’ sentence would be deemed “unreasonable” in post-Booker practice. The judgment of the district court therefore is AFFIRMED.