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| United States v. Lang, No. 04-41178,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Court of appeals did not consider waiver of right to appeal, where government did not seek to enforce appeal waiver. Court vacated sentence, where defendant asserted Booker error and government conceded it could not meet burden to show beyond reasonable doubt that court would have imposed same sentence under discretionary guidelines regime.
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| United States v. Loera-Centeno, No. 05-40007 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 8, 2006, Filed
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Overview: Defendant's sentence was vacated and the case was remanded for resentencing where district court committed a Fanfan error when it sentenced defendant under a mandatory guidelines regime, and U.S. could not have met its burden of proof because record contained no indication that district court would have imposed the same sentence absent the error.
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