USA v. Chambers, Deondery L., No. 06-2405 (7th Cir. 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 9, 2007.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 7, 2009 Before RICHARD A. POSNER, Circuit Judge DANIEL A. MANION, Circuit Judge TERENCE T. EVANS, Circuit Judge No. 06 2405 UNITED STATES OF AMERICA, Plaintiff Appellee, Appeal from the United States District Court for the Southern District of Illinois. v. No. 4:05 cr 40444 JLF DEONDERY CHAMBERS, Defendant Appellant. G. Patrick Murphy, Judge. O R D E R Upon consideration of the statements of position submitted by the parties in this case, which has been remanded to this court by the Supreme Court, Chambers v. United States, 129 S. Ct. 687 (2009). we remand this case to the district court for resentencing of the defendant in accordance with the Supreme Courtʹs decision and the procedures set forth in Nelson v. United States, 129 S. Ct. 890 (2009); Gall v. United States, 128 S. Ct. 586 (2007), and Kimbrough v. United States, 128 S. Ct. 558 (2007), which allow a defendant in a resentencing proceeding to raise a new argument based on statutes or judicial decisions that postdate his original sentencing, provided they are not foreclosed by the decision in his appeal from his original, vacated sentence, So Ordered.
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