3rd Circuit Court of Appeals, January 24, 2006, Case law by lexisONE(R)

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Federal Courts - 3rd Circuit Court of Appeals - January 24, 2006

United States v. Francisco, No. 05-1105, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2006, Filed
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Overview: District court properly relied on defendant's record of prior convictions for aggravated felonies when it sentenced defendant after he pled guilty to a charge of illegal reentry into the United States. However, in light of Booker and because the district court relied on the Sentencing guidelines as a mandate, a remand for resentencing was granted.

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United States v. Gomez, No. 04-3826, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2006, Filed
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Overview: Defendant's sentence was vacated and case remanded for resentencing under Booker because district court improperly applied United States Sentencing Guidelines as mandatory, and it appeared that defendant might have received lighter sentence if Guidelines were taken as simply advisory.

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