USA v. Bey, Deborah A.

Filing 33

Opinion

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 June 20, 2008 Decided August 25, 2008 Before WILLIAM J. BAUER, Circuit Judge RICHARD D. CUDAHY, Circuit Judge MICHAEL S. KANNE, Circuit Judge Nos. 06-3522 & 06-3896 UNITED STATES OF AMERICA, Plaintiff-Appellee, Cross-Appellant, v. No. 04 CR 950 DEBORAH AHMAD BEY, Defendant-Appellant, Cross-Appellee. Wayne R. Andersen, Judge. Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. ORDER In an unpublished order, we held that Deborah Ahmad Bey's three-month sentence of imprisonment for making false statements in her bankruptcy jury trial was unreasonably short, and remanded for resentencing. United States v. Ahmad Bey, 244 F. App'x 57, 58 (7th Cir. 2007). The Supreme Court granted Bey's petition for a writ of certiorari, vacated our judgment, and remanded the case to us for reconsideration in light of Gall v. United States, 128 S. Ct. 586 (2007). See Bey v. United States, 128 S. Ct 2089 (2008). In Gall, the Supreme Court held that appellate courts may not presume sentences outside the guidelines range are unreasonable, and that we may not use a rigid formula for determining whether an outof-guidelines sentence is justified. Gall, 128 S. Ct. at 594-95, 597. But we did not use either Nos. 06-3522 & 06-3896 Page 2 of those approaches prior to Gall. See United States v. McIlrath, 512 F.3d 421, 426 (7th Cir. 2008). Nor did we apply either approach previously in resolving this case. Our earlier analysis is therefore unaffected by Gall, and our earlier order that the district judge resentence the defendant remains correct.

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