USA v. Sanchez-Garcia

Filing 920060207

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 7, 2006 Charles R. Fulbruge III Clerk No. 05-10027 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NICOLAS SANCHEZ-GARCIA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas (3:04-CR-14-ALL) -------------------Before JONES, Chief Judge, WIENER and DeMOSS, Circuit Judges. PER CURIAM:* Defendant-Appellant Nicolas Sanchez-Garcia appeals from his sentence following his jury-verdict conviction for illegal reentry into the United States after a previous removal. He contends that

the district court erred by sentencing him under the mandatory sentencing regime held unconstitutional in United States v. Booker, 125 S. Ct. 738 (2005). Examination of the record shows that The government concedes

Sanchez-Garcia's contention is correct.

that Sanchez-Garcia preserved this argument in the district court

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

and that it cannot show that the error was harmless beyond a reasonable doubt. Accordingly, we VACATE Sanchez-Garcia's See United

sentence, and the case is REMANDED for resentencing.

States v. Mares, 402 F.3d 511, 520 n.9 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). We therefore need not consider SanchezSee United States

Garcia's remaining challenges to his sentence.

v. Akpan, 407 F.3d 360, 377 n.62 (5th Cir. 2005). SENTENCE VACATED; REMANDED FOR RESENTENCING.

2