United States v. Sanchez-Garcia , 166 F. App'x 133 ( 2006 )

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
Sanchez-Garcia’s contention is correct. The government concedes
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this opinion should not be published and is not precedent except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
sentence, and the case is REMANDED for resentencing. See United
States v. Mares, 402 F.3d 511, 520 n.9 (5th Cir.), cert. denied,
126 S. Ct. 43 (2005). We therefore need not consider Sanchez-
Garcia’s remaining challenges to his sentence. See United States
v. Akpan, 407 F.3d 360, 377 n.62 (5th Cir. 2005).
SENTENCE VACATED; REMANDED FOR RESENTENCING.
2