USA v. Matthew Elder, No. 17-2207 (7th Cir. 2019)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 15, 2018.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Argued May 22, 2018 Decided February 27, 2019 Before JOEL M. FLAUM, Circuit Judge KENNETH F. RIPPLE, Circuit Judge ROBERT W. GETTLEMAN, District Judge * No. 17-2207 Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 3:13-cr-00017-RLY-CMM-8 MATTHEW ELDER, Defendant-Appellant. Richard L. Young, Judge. 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 The Honorable Robert W. Gettleman of the Northern District of Illinois, sitting by designation. * No. 17-2207 Page 2 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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