NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 18, 2008
Before
JOHN L. COFFEY, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 05‐4247
UNITED STATES OF AMERICA, Appeal from the United States
District Court for the Western
Plaintiff‐Appellee, District of Wisconsin.
v. No. 05 CR 116
LEAVIE T. SCOTT, Barbara B. Crabb, Chief Judge.
Defendant‐Appellant.
O R D E R
This matter is before the court on remand from the Supreme Court of the United
States. On January 7, 2008, the Supreme Court vacated the judgment of this court and
remanded the case to this court for further consideration in light of Kimbrough v. United
States, 552 U.S. ___, 128 S. Ct. 558 (2007).
No. 05-4247 Page 2
In their statements filed in accordance with this court’s Circuit Rule 54, the
parties agree that this case should be remanded to the district court for resentencing.
We agree. The defendant adequately preserved the issue of the unwarranted
sentencing disparity between crack and cocaine; he is entitled to be resentenced by the
district court under the standard set forth in Kimbrough.
Accordingly, the sentence of the district court is vacated and the case is
remanded for proceedings consistent with this order.
IT IS SO ORDERED