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United States of America v. Ray Longstreet and Michael Ervin

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ARGUED JUNE 6, 2011

Before KANNE, EVANS, and SYKES, Circuit Judges.*fn1

This successive appeal requires us to consider the resentencing of Ray Longstreet and Michael Ervin, members of a Chicago operation that trafficked heavily in various controlled substances in the early 2000s. In our earlier opinion, we affirmed Longstreet’s conviction but ordered a limited remand asking whether the district court wanted to resentence him in light of the Supreme Court’s decision in Kimbrough v. United States, 552 U.S. 85 (2007). United States v. Longstreet, 567 F.3d 911 (7th Cir. 2009). Ervin pleaded guilty and appealed only his sentence; we ordered a limited remand in his case as well. Id. The district court advised us that it would like to reconsider the sentences, so we vacated the sentences and remanded for resentencing. United States v. Longstreet, 359 F. App’x 673 (7th Cir. 2010).

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