United States v. Ramierz-Chavez

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 06a0406n.06 Filed: June 14, 2006 Case No. 04-6399 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) UNITED STATES OF AMERICA. ) ) Plaintiff-Appellee, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR ) THE WESTERN DISTRICT OF v. ) TENNESSEE, EASTERN DIVISION ) ) GILBERTO RAMIREZ-CHAVEZ, ) ) Defendant-Appellant.) BEFORE: RYAN and COLE, Circuit Judges; and SARGUS, District Judge.* SARGUS, District Judge. Appellant Gilberto Ramirez-Chavez contends, and the government does not dispute, that he was sentenced prior to the decision in United States v. Booker, 543 U.S. 220 (2005), in violation of the Sixth Amendment. The parties agree that a remand is appropriate for resentencing under Booker. The sentence is VACATED and this case is remanded for resentencing in light of Booker.1 * The Honorable Edmund A. Sargus, Jr., United States District Judge for the Southern District of Ohio, sitting by designation. 1 Appellant’s counsel stated during a telephonic oral argument that Ramirez-Chavez was withdrawing his first assignment of error which challenged a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). Consequently, the Court does not address this issue.