Opinion
No. 07-2234.
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).
Decided October 3, 2008.
Appeal from the United States District Court for the Western District of Wisconsin. No. 05-OR-39-C-01. Barbara B. Crabb, Chief Judge.
John W. Vaudreuil, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.
Robert T. Ruth, Madison, WI, for Defendant-Appellant.
Before FRANK H. EASTERBROOK, Chief Judge, JOHN L. COFFEY, Circuit Judge, and DIANE P. WOOD, Circuit 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, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (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.