United States Fourth Circuit

Defendant's sentence for unlawfully entering the United States after having been deported, following an earlier conviction for an aggravated felony is vacated pursuant to his claim of error under Booker.

Appellate Information

• Argued 12/02/2005
• Decided 01/03/2006
• Published 01/03/2006

Judges

• Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Geremy Charles Kamens, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Beth Nicole Gibson, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Frank W. Dunham, Jr., Federal Public Defender, Frances H. Pratt, Research and Writing Attorney, Alexandria, Virginia, for Appellant.   Paul J. McNulty, United States Attorney, Eugene J. Rossi, Assistant United States Attorney, Alexandria, Virginia, for Appellee.