Aftеr a trial, the defendants were convicted on various charges relating tо a scheme to defraud the Town of Cicero, Illinois, and sentenced to рrison. On appeal we affirmed the convictions but ordered a limited remаnd to ask the judge whether he would have imposed the -same sentences had he known that the Guidelines were advisory.
United States v. Paladino,
The defendants rely heavily on certain comments of the district court judge, expressed in his response to our
Paladino
remand, to argue that the judge in fact failed to exercise the discretion afforded by
United States v. Booker,
A refusal or failure to exercise the discretion afforded by
Booker
(or our inability to determine whether discretion was aсtually exercised) would require a further remand.
See United States v. Cunningham,
Nor is the judge’s explanation insufficient. It is true that the judge focused more on the original sentencing hearing than any new (by which we mean post-remand) analysis of the § 3553(a) factors, but this is entirely understandable given the paucity of the defendants’ arguments below. Neither Spano nor Schullo presented any analysis of the § 3553(a) factors and Inendino’s exhortation to look at his “real conduct” was considered, albeit briefly, and rejected. On a
Paladino
remand a judge need not employ a full-fledged methodology for measuring the reasonableness of the Guidelines sentence against § 3553(a).
See United States v. Dean,
We still must consider for ourselves whether the sentences are reasonable. “[A]ny sentence that is properly calсulated under the Guidelines is entitled to a rebuttable presumption of reasоnableness.”
United States v. Mykytiuk,
*520
None of the defendants have made this showing. Nеither Schullo nor Spano provide any reasons why their sentences arе unreasonable when measured against the § 3553(a) factors, and we see nоne. Inendino, without any specific reference to § 3553(a), argues that his sentence of 78 months’ imprisonment is unreasonable because he only recеived about $3,100 in profit from the illegal scheme, and because he allegedly thought the fraudulent contract which formed the basis of the criminal conduct wаs “legit.” These arguments, however, ignore the jury’s conclusion that he was part of a scheme to defraud the Town of Cicero, the loss amount of over $75,000, аnd his Criminal History Category IV. It is not unreasonable for the district court judge to determinе that Inendino’s conduct in this case and criminal history were serious enough to wаrrant a sentence within the Guidelines range. Finally, Schullo argues that our
Paladino
procedure is unconstitutional, but he provides no reason why we should reconsider it in this case-so we will not.
See Brock,
The sentences are Affirmed.
