USA v. Ray Longstreet

Filing 31

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 22, 2009 Decided January 12, 2010 Before MICHAEL S. KANNE, Circuit Judge TERENCE T. EVANS, Circuit Judge DIANE S. SYKES, Circuit Judge

Nos. 07-1657 & 07-2685 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAY LONGSTREET and MICHAEL ERVIN, Defendants-Appellants.

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. No. 05 CR 471 Matthew F. Kennelly, Judge.

ORDER On June 8, 2009, we ordered these cases be returned to the district court on limited remand to query whether the district court wanted to resentence Ray Longstreet and Michael Ervin in light of the Supreme Court's decision in Kimbrough v. United States, 552 U.S. 85 (2007). On December 22, 2009, the district court communicated its desire to resentence the defendants. Accordingly, we V ACATE Ray Longstreet's and Michael Ervin's sentences and R EMAND their cases to the district court for resentencing.