United States Fifth Circuit

A sentence for being in the U.S. illegally after having been deported is vacated and remanded where the district court's decision to run defendant's sentences consecutively for crimes that were unrelated yet triggered by the same conduct did not demonstrate beyond a reasonable doubt that the sentence would have been the same under an advisory, as opposed to mandatory, Sentencing Guidelines scheme.

Appellate Information

• Decided 10/23/2006
• Published 10/23/2006

Judges

• BY THE COURT:, Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tony Ray Roberts, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Houston, TX, for Defendant-Appellant.