UNITED STATES of America, Plaintiff-Appellee, v. Randy VELLEFF, Defendant-Appellant, 155 F. App'x 239

ORDER Randy Velleff was sentenced to 430 months’ imprisonment for robbery, 18 U.S.C. § 1951, and gun and drug crimes, id. § 924(c)(1)(A); 21 U.S.C. §§ 841(a)(1), 846. On appeal he argued that the district court erred by sentencing him under the mandatory sentencing guidelines, see United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), so we ordered a limited remand to ask if the court would have given him the same sentence had it known the guidelines were advisory, United States v. Paladino, 401 F.3d 471, 484 (7th Cir.2005).

The court answered that it would have given him a lighter sentence. Consequently, the government concedes that Velleffs sentence must be vacated. We agree. VACATED and REMANDED.