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UNITED STATES v. ELDER (2019)

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United States Court of Appeals, Seventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Matthew ELDER, Defendant-Appellant.

No. 17-2207

Decided: February 27, 2019

Before JOEL M. FLAUM, Circuit Judge, KENNETH F. RIPPLE, Circuit Judge, ROBERT W. GETTLEMAN, District Judge * Brian L. Reitz, Attorney, Office of the United States Attorney, Indianapolis, IN, Kyle Matthew Sawa, Attorney, Office of the United States Attorney, Evansville, IN, for Plaintiff-Appellee Johanna M. Christiansen, Thomas W. Patton, Attorneys, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant

ORDER

On August 15, 2018, this court ordered a limited remand under the procedure set forth in United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005), so that the district court could state on the record whether it would impose the same sentence in light of this court’s conclusion that the appellant, Matthew Elder, was not subject to a twenty-year mandatory minimum sentence. United States v. Elder, 900 F.3d 491, 504 (7th Cir. 2018). The district court has replied that it wishes to further review its sentencing determination in light of this court’s conclusion and requests that the case be remanded for resentencing. Accordingly, pursuant to Paladino, the court VACATES Mr. Elder’s sentence and REMANDS the case to the district court for resentencing.

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