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United States of America v. Sergio Sandoval Ramirez

United States Court of Appeals For the Seventh Circuit


March 15, 2012

UNITED STATES OF AMERICA PLAINTIFF-APPELLEE,
v.
SERGIO SANDOVAL RAMIREZ, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA PLAINTIFF-APPELLEE,
v.
FRANCISCO OCAMPO-PINEDA, DEFENDANT-APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LUIS A. MANDUJANO-GONZALEZ DEFENDANT-APPELLANT.

Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 09 CR 50023-1 Frederick J. Kapala, Judge. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 09 CR 632-1 Virginia M. Kendall, Judge. Appeal nos. 09-3032, et al., Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 09 CR 586-1 Amy J. St. Eve, Judge.

The opinion of the court was delivered by: Circuit Judge Evans

Chicago, Illinois 60604

Before RICHARD D. CUDAHY, Circuit Judge TERENCE T. EVANS, Circuit Judge*fn1 JOHN DANIEL TINDER, Circuit Judge

ORDER

The defendants-appellants filed a petition for rehearing en banc. An answer was requested and filed. No judge in active service has requested a vote on the petition. Accordingly, the petition for rehearing en banc is DENIED.

However, the amended opinion in this case initially issued in typescript form on December 23, 2011, and published on January 6, 2012, is amended as follows:

In the opinion issued in typescript, after the third sentence on page 11, which reads "But Reyes Hernandez also emphasizes . . . Id. at 420." insert as a footnote:

This court does not overlook the fact that district courts retain substantial discretion to consider mitigation arguments at sentencing. As this court made clear in United States v. Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010), district courts may consider a fast-track argument, but they are not required to consider one. This opinion addresses a different question-when is a district court obliged to comment on a fast-track argument. Nothing in this opinion precludes a district court judge from considering a mitigation argument.


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