02-3238 U.S. v. Rivera

By: dmc-admin//June 20, 2005//

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“By deciding not to take a cross-appeal, the United States has ensured that Rivera’s sentence cannot be increased. But the lack of a cross-appeal does not entitle Rivera to another shot at a sentence below 97 months, if the only lawful outcome on remand would be application of the statutory minimum. It is accordingly unnecessary for us to consider whether Rivera’s sentencing range under the Guidelines was calculated correctly; she cannot benefit from resentencing. Nor is a remand under Paladino appropriate, for Booker does not confer on district judges any discretion to give sentences below statutory floors. Any error the district judge may have made in resolving factual disputes in order to apply the Guidelines was harmless. Cf. United States v. Lee, 399 F.3d 864 (7th Cir. 2005).”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Manning, J., Easterbrook, J.

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