United States v. Charles B. Gokey

MANION, Circuit Judge.

Charles B. Gokey pleaded guilty to distributing cocaine base. At sentencing, which occurred after this court’s decision in United States v. Booker, 375 F.3d 508 (7th Cir.2004), but before the Supreme Court issued its decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court concluded that the sentencing guidelines could not be constitutionally applied to Gokey. The district court then disregarded the Guidelines and instead sentenced Gokey to 235 months’ imprisonment based on the statutory range. The district court also…