Opinion
No. 12-1809
08-15-2013
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MAURICE MAXWELL, Defendant-Appellant.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
Appeal from the United States
District Court for the Western
District of Wisconsin.
No. 11 CR 25-WMC
William M. Conley,
Chief Judge.
ORDER
On July 19, 2013, 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 the sentence remains appropriate now that Dorsey v. United States, 132 S. Ct. 2321, 2335-36 (2012) has confirmed that the lower mandatory minimums under the Fair Sentencing Act (FSA) apply to all defendants sentenced after August 3, 2010. See United States v. Maxwell, _F.3d_, 2013 WL 3766519 (7th Cir. July 19, 2013).
The district judge has replied he cannot conclude that he would have imposed the same sentence at the time of Maxwell's original sentencing had he known that the FSA applied. Specifically, Judge Conley states that Maxwell's revised Sentencing Guidelines range under the FSA "would play some role in arriving at an appropriate sentence on remand." Accordingly, pursuant to Paladino, we V ACATE Maxwell's sentence and R EMAND to the district court for resentencing.