USA v. Radermacher, John A., No. 07-2234 (7th Cir. 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 22, 2008.
Download PDF
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 August 25, 2008* Decided October 3, 2008 Before FRANK H. EASTERBROOK, Chief Judge JOHN L. COFFEY, Circuit Judge DIANE P. WOOD, Circuit Judge No. 07-2234 Appeal from the United States District Court for the Western District of Wisconsin. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 05-CR-39-C-01 JOHN A. RADERMACHER, Defendant-Appellant. Barbara B. Crabb, Chief Judge. Order After a limited remand under United States v. Taylor, 522 F.3d 731 (7th Cir. 2008), the district judge informed us that she would have imposed a lower sentence had she known about the extent of her discretion under Kimbrough v. United States, 128 S. Ct. 558 (2007). Given this conclusion, the prejudice component of plain-error review has been established. The sentence is vacated, and the case is remanded for resentencing in light of Kimbrough. *After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. App. P. 34(a); Cir. R. 34(f).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
