UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 17, 2006
Before
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. RICHARD A. POSNER, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
Nos. 04-2557 and 04-2592
UNITED STATES OF AMERICA, Appeals from the United States
Plaintiff-Appellee, District
Court for the Northern District of
v. Illinois, Eastern Division.
PIERRE DAWSON and ALFONZO No. 02 CR 688
INGRAM,
Defendants-Appellants. Elaine E. Bucklo, Judge.
ORDER
On Paladino remand, the judge stated simply: “The issue before me is
whether I would have imposed the same sentences on these defendants if I had
known the Sentencing Guidelines were advisory. In this case I would have imposed
the same sentences.” The sentences were guideline sentences and such sentences
are, as we held in United States v. Mykytiuk, 415 F.3d 606,608 (7th Cir. 2005),
presumptively reasonable under the new regime of the Booker case. The defendants
in the present case do not contend that the judge refused to consider or address any
arguments they may have made for why the guidelines sentences imposed on them
were unreasonable. Their only contention is that Mykytiuk is inconsistent with
Booker and should be overruled. It is not inconsistent, and we shall not overrule it.
The judgment is
AFFIRMED.