United States v. Ramos-Hernandez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 9, 2006

Charles R. Fulbruge III
Clerk
No. 04-41409
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CAMILO RAMOS-HERNANDEZ,

Defendant-Appellant.

--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-686-ALL
--------------------

Before JONES, Chief Judge, and SMITH and DENNIS, Circuit Judges.

PER CURIAM:*

Camilo Ramos-Hernandez (Ramos) appeals his sentence following

his guilty plea conviction for unlawfully transporting illegal

aliens within the United States for profit. He argues that the

district court reversibly erred in light of United States v.

Booker, 543 U.S. 220 (2005), because the court sentenced him

pursuant to a mandatory application of the Sentencing Guidelines.

The district court did err in sentencing Ramos pursuant to a

mandatory guidelines system. See United States v. Walters,

*
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this opinion should not be published and is not precedent except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.
418 F.3d 461, 463 (5th Cir. 2005). The Government concedes that

Ramos preserved this error for appeal. The Government, however,

has not shown beyond a reasonable doubt that the error was

harmless. See Walters, 418 F.3d at 463; United States v. Woods,

440 F.3d 255, 258-61 (5th Cir. 2006). Accordingly, Ramos’s

sentence is vacated, and this case is remanded for resentencing.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.