NONPRECEDENTIAL DISPOSITION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
Submitted February 9, 2009
Decided February 19, 2009
Before
WILLIAM J. BAUER, Circuit Judge
RICHARD A. POSNER, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
No. 08‐3610
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Central District of Illinois.
v. No. 1:00‐cr‐10089‐MMM‐JAG‐1
CHARLES WOODS, Michael M. Mihm,
Defendant‐Appellant. Judge.
O R D E R
This court has carefully reviewed the final order of the district court, the record on
appeal, and the briefs filed by the parties. Based on this review, the court has determined that
this case raises the purely legal issue of whether a district court, when considering a sentence
reduction pursuant to 18 U.S.C. § 3582(c)(2), has the authority to reduce a defendant’s sentence
below the retroactively amended Guidelines range based on Booker. For the reasons recently
articulated in United States v. Cunningham, Nos. 08‐2901 and 08‐2931, 2009 WL 249886 (7th Cir.
Feb. 4, 2009), we hold that it does not.
Accordingly, IT IS ORDERED that the order of the district court is summarily AFFIRMED.