United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 16, 2005
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 04-50476
_____________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ADAN NARANJO-VELASQUEZ,
Defendant - Appellant.
__________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:03-CR-2055-ALL-DB
_________________________________________________________________
Before JOLLY, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
In this appeal, the Government apparently concedes that Naranjo-
Velasquez can satisfy the third prong of the plain error standard of
review by showing that the district court felt constrained by the
Sentencing Guidelines and most likely would have imposed a lower
sentence under an advisory guidelines regime. We find nothing in the
record that disturbs the Government’s representation. Accordingly,
the sentence is VACATED and the case is REMANDED for resentencing in
accordance with United States v. Booker, 125 S.Ct. 738 (2005).
VACATED and REMANDED.
*
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opinion should not be published and is not precedent except under the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.