[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 04-15772
JUNE 13, 2005
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D.C. Docket No. 04-20227-CR-DLG
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ASBERT ANAZCO,
Defendant-Appellant.
__________________________
Appeal from the United States District Court for the
Southern District of Florida
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(June 13, 2005)
Before TJOFLAT, BIRCH and BARKETT, Circuit Judges.
PER CURIAM:
Appellant was convicted in the district court of violating 18 U.S.C. § 371 by
conspiring to obstruct justice in violation of 18 U.S.C. § 1503 (Count 1), of the
substantive § 1503 offense (Count 3), and of witness tampering in violation of 18
U.S.C. § 1512(b)(3), and the court sentenced him to concurrent prison terms of 18
months. He now appeals his sentences, contending that the court committed
Blakely error,1 now recognized as Booker error.2 The Government concedes the
error and recommends that the case be remanded for resentencing because “the
record in this case does not permit the government to assert with confidence that
there is no reasonable probability of a different result if the guidelines had been
applied in an advisory, rather than mandatory, fashion.”
We agree.
VACATED and REMANDED.
1
Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).
2
United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
2