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15-2762 - USA v. Samuel Gutierrez


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15-2762 - USA v. Samuel Gutierrez
August 26, 2016
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Filed opinion of the court by Judge Posner. Given that both defendants were entitled to a full resentencing after their successful first appeals, 18 U.S.C. § 3742(g), and instead received cursory treatment by the judge, and that the government does not contest Gutierrez's request that a different judge conduct his sentencing hearing on remand, we order that Gutierrez's third sentencing hearing be conducted before a different judge. See 7th Cir. R. 36. The defendants' sentences are VACATED and both cases are REMANDED for resentencing. Richard A. Posner, Circuit Judge; Frank H. Easterbrook, Circuit Judge and Diane S. Sykes, Circuit Judge. [6778206-1] [6778206] [15-2193, 15-2762]