United States Fifth Circuit

Defendant's sentence for being knowingly and unlawfully present in the United States following deportation is vacated where the district court erred by sentencing him under the mandatory guidelines regime held to be unconstitutional in US v. Booker, 125 S.Ct. 738 (2005).

Appellate Information

• Decided 05/20/2005
• Published 05/20/2005

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Yvonne Sanchez, Philip G. Gallagher (argued), Samy K. Khalil, Houston, TX, for Garza-Lopez.