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170 F. App'x 428

United States v. Webster

U.S. Courts of Appeals

Decided March 8, 2006

U.S. Courts of Appeals · decided 2006-03-08

Applies 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States v. Booker · United States v. Paladino

Decided 2006-03-08

¶1ORDER

¶2Kevin Webster was sentenced for possession with intent to distribute methamphetamine, 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), possession of a gun in relation to a drug trafficking crime, 18 U.S.C. § 924(c), and possession of a gun and bullets by a convicted felon, id.§ 922(g)(1). He argued for the first time on appeal that the district court erred by applying the sentencing guidelines as mandatory. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We remanded to ask whether the judge would *429have imposed a lesser sentence had he known that the guidelines were advisory. See United States v. Paladino, 401 F.3d 471, 483—84 (7th Cir.2005). The judge said yes, and therefore we VACATE Webster’s sentence and REMAND for resentencing.

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