USA v. Michael Anglin, No. 15-3625 (7th Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on January 25, 2017.

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Submitted December 1, 2017 Decided December 4, 2017 Before FRANK H. EASTERBROOK, Circuit Judge ANN CLAIRE WILLIAMS, Circuit Judge GARY FEINERMAN, District Judge* No. 15-3625 Appeal from the United States District Court for the Eastern District of Wisconsin. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 14-cr-3 C.N. Clevert, Jr., Judge. MICHAEL ANGLIN, Defendant-Appellant. On Remand from the Supreme Court of the United States. Order Our opinion in this appeal, 846 F.3d 954 (7th Cir. 2017), remanded for additional proceedings concerning the terms of supervised release but otherwise affirmed the convictions and sentences. The Supreme Court then instructed us to consider the effect of Dean v. United States, 137 S. Ct. 1170 (2017), which held that * Of the Northern District of Illinois, sitting by designation. No. 15-3625 Page 2 a district court need not disregard the punishment on counts with mandatoryminimum sentences when determining the punishment on other counts. Anglin v. United States, No. 16–9411 (U.S. Oct. 2, 2017). The parties have filed position statements on remand. After considering these statements, we remand to the district court with instructions to conduct a full resentencing in light of Dean and all other current law, including this circuit’s rulings (some of which post-date our original opinion) on the terms of supervised release. Because the district judge who sentenced Anglin has retired, it is not possible to ask him whether this circuit’s opinion in United States v. Roberson, 474 F.3d 432 (7th Cir. 2007), which Dean disapproved, affected Anglin’s sentence. And because at least some terms of Anglin’s sentence must be determined by a newly assigned judge, the most sensible approach is to allow that judge to craft a complete sentencing package. Anglin’s convictions remain valid. The sentences are vacated, and the case is remanded for resentencing.