Opinion
No. 17-2207
02-27-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MATTHEW ELDER, Defendant-Appellant.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1 Before JOEL M. FLAUM, Circuit Judge KENNETH F. RIPPLE, Circuit Judge ROBERT W. GETTLEMAN, District Judge Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. No. 3:13-cr-00017-RLY-CMM-8 Richard L. Young, Judge.
Of the Northern District of Illinois, sitting by designation. --------
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 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.