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United States v. Sonnenberg
Citation: 458 F. App'x 574Docket: No. 11-2550
Court: Court of Appeals for the Seventh Circuit; March 13, 2012; Federal Appellate Court
The appeal follows the decision in United States v. Sonnenberg, which remanded Bruce Sonnenberg’s case for resentencing on crack cocaine charges without the career offender enhancement. Upon remand, the district court reduced Sonnenberg's sentence from 292 months to 262 months. Sonnenberg appealed this new sentence, but his appointed counsel submitted an Anders brief, indicating no non-frivolous arguments for appeal. Sonnenberg did not respond to the brief as allowed under Circuit Rule 51. The Anders brief demonstrated thorough examination of the record and potential arguments, concluding that Sonnenberg could not contest issues decided in the first appeal, thus focusing only on the resentencing. The district judge committed no procedural errors, properly considered the revised guideline calculations, acknowledged discretion under 18 U.S.C. § 3553(a), addressed mitigating arguments, and imposed a sentence at the bottom of the revised guideline range, leading to a presumption of reasonableness. The court agreed that no non-frivolous arguments existed to challenge the new sentence. Counsel's motion to withdraw under Anders was granted, and the appeal was dismissed. Attorney Bensky was thanked for her service.