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United States of America v. Cortez L. Wooten

September 17, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CORTEZ L. WOOTEN, DEFENDANT.



The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

On September 13, 2012, the Seventh Circuit issued its Mandate affirming Wooten's conviction, vacating his sentence and remanding this matter for resentencing based on Dorsey v. United States, 132 S.Ct. 2321, 2335 (2012) (Doc. 129). The Seventh Circuit stated: "On remand he will face a statutory minimum of 10 years, 21 U.S.C. § 841(b)(1)(B) (2006 & Supp. IV 2011), and still will be subject to a guidelines range of 360 months to life as a career offender, see U.S.S.G. § 4B1.1(b)(1)." (Doc. 129, p.6).

In light of the resentencing, the Court DIRECTS the parties to brief the appropriate length of sentence pursuant to Dorsey on or before September 28, 2012. Further, the Court SETS this matter for resentencing on November 29, 2012 at 9:30 a.m. Defendant shall be present at this hearing. Thus, the Court DIRECTS the United States' Attorney's office to prepare the appropriate paperwork to assure the defendant's appearance in this Court for the resentencing.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court Date: 2012.09.17 11:08:19 -05'00'

20120917

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