USA v. Thomas King

Filing 7

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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 October 1, 2008 Decided October 15, 2008 Before WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge No. 081291 UNITED STATES OF AMERICA, PlaintiffAppellee, v. No. 1:99cr009521 THOMAS KING, DefendantAppellant. Ruben Castillo, Judge. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

O R D E R The defendantappellant in this case was convicted of: (1) conspiracy to distribute in excess of 50 grams of cocaine base, in violation of 21 U.S.C. § 846 (Count One); (2) distribution of 123.5 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count Two); and (3) using a communication facility to facilitate a drug crime, in violation of 21 U.S.C. § 843(b) (Counts Three Six). On appeal, this court affirmed the convictions but remanded the matter to the trial court for resentencing postBooker. (United States v. Booker, 543 U.S. 220 (2005.) The defendant appellant now appeals the new sentence.

No. 081291

Page 2

This court has carefully reviewed the Amended Judgement in a Criminal Case issued by the District Court on February 4, 2008, the record on appeal, and the briefs filed by the parties. Accordingly, IT IS ORDERED that this case is summarily affirmed and we adopt as our own the attached Amended Judgment issued by the District Court on February 4, 2008.