United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 15, 2012
Before
RICHARD D. CUDAHY, Circuit Judge
TERENCE T. EVANS, Circuit Judge*
JOHN DANIEL TINDER, Circuit Judge
No. 09-3932
UNITED STATES OF AMERICA Appeal from the United States
Plaintiff-Appellee, District Court for the
Northern District of Illinois,
v. Western Division.
SERGIO SANDOVAL RAMIREZ, No. 09 CR 50023-1
Defendant-Appellant.
Frederick J. Kapala,
Judge.
No. 10-2190
Appeal from the United States
UNITED STATES OF AMERICA District Court for the
Plaintiff-Appellee, Northern District of Illinois,
Eastern Division.
v.
No. 09 CR 632-1
FRANCISCO OCAMPO-PINEDA,
Defendant-Appellant. Virginia M. Kendall,
Judge.
*
Circuit Judge Evans died on August 10, 2011, and did not participate in the decision of
the Petition for Rehearing, which is being resolved by a quorum of the panel under 28 U.S.C. §
46(d).
Appeal nos. 09-3032, et al., Page Two
No. 10-2689 Appeal from the United States District
Court for the Northern District of
UNITED STATES OF AMERICA, Illinois,
Plaintiff-Appellee, Eastern Division.
v. No. 09 CR 586-1
LUIS A. MANDUJANO-GONZALEZ Amy J. St. Eve,
Defendant-Appellant. Judge.
ORDER
The defendants-appellants filed a petition for rehearing en banc. An answer was
requested and filed. No judge in active service has requested a vote on the petition.
Accordingly, the petition for rehearing en banc is DENIED.
However, the amended opinion in this case initially issued in typescript form on
December 23, 2011, and published on January 6, 2012, is amended as follows:
In the opinion issued in typescript, after the third sentence on page 11, which
reads “But Reyes Hernandez also emphasizes . . . Id. at 420.” insert as a footnote:
This court does not overlook the fact that district courts retain substantial
discretion to consider mitigation arguments at sentencing. As this court
made clear in United States v. Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010),
district courts may consider a fast-track argument, but they are not required to
consider one. This opinion addresses a different question—when is a district
court obliged to comment on a fast-track argument. Nothing in this opinion
precludes a district court judge from considering a mitigation argument.