USA v. Michael Anglin

Filing

Filed Nonprecedential Disposition PER CURIAM. Anglin s convictions remain valid. The sentences are VACATED, and the case is REMANDED for resentencing. Frank H. Easterbrook, Circuit Judge; Ann Claire Williams, Circuit Judge and Gary Feinerman, District Court Judge. [6887694-1] [6887694] [15-3625]

Case: 15-3625

Document: 58

Filed: 12/04/2017

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

Pages: 2

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 1, 2017
Decided December 4, 2017

Before
FRANK H. EASTERBROOK, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
GARY FEINERMAN, District Judge*

No. 15-3625

Appeal from the United
States District Court for
the Eastern District of
Wisconsin.

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.

No. 14-cr-3
C.N. Clevert, Jr., Judge.

MICHAEL ANGLIN,
Defendant-Appellant.

On Remand from the
Supreme Court of the
United States.

Order
Our opinion in this appeal, 846 F.3d 954 (7th Cir. 2017), remanded for
additional proceedings concerning the terms of supervised release but otherwise
affirmed the convictions and sentences. The Supreme Court then instructed us to
consider the effect of Dean v. United States, 137 S. Ct. 1170 (2017), which held that
*

Of the Northern District of Illinois, sitting by designation.

Case: 15-3625
No. 15-3625

Document: 58

Filed: 12/04/2017

Pages: 2
Page 2

a district court need not disregard the punishment on counts with mandatoryminimum sentences when determining the punishment on other counts. Anglin
v. United States, No. 16–9411 (U.S. Oct. 2, 2017). The parties have filed position
statements on remand.
After considering these statements, we remand to the district court with
instructions to conduct a full resentencing in light of Dean and all other current
law, including this circuit’s rulings (some of which post-date our original
opinion) on the terms of supervised release. Because the district judge who
sentenced Anglin has retired, it is not possible to ask him whether this circuit’s
opinion in United States v. Roberson, 474 F.3d 432 (7th Cir. 2007), which Dean
disapproved, affected Anglin’s sentence. And because at least some terms of
Anglin’s sentence must be determined by a newly assigned judge, the most
sensible approach is to allow that judge to craft a complete sentencing package.
Anglin’s convictions remain valid. The sentences are vacated, and the case is
remanded for resentencing.