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| United States v. Gonzalez, No. 04-20968 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's sentences were vacated and remanded for resentencing where the district court committed Fanfan error by sentencing defendant pursuant to a mandatory U.S. Sentencing Guidelines scheme, and there was no indication in the record that the district court would have imposed the same sentence had Guidelines been advisory rather than mandatory.
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| United States v. Gonzalez-Ribera, No. 04-41398 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated, and the case was remanded because the district court committed a Fanfan error, and the government could not meet its burden of showing that the district court would not have sentence defendant differently under an advisory USSG scheme.
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| United States v. Gonzalez-Silva, No. 04-41531 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: A district court's "Fanfan" error in sentencing defendant pursuant to a mandatory guidelines scheme was not harmless and warranted resentencing under Booker because there was no indication in the record that the district court would have imposed the same sentence had the guidelines been advisory.
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| United States v. Guzman-Gonzalez, No. 04-11220 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's conviction was affirmed, but his sentence for violating 8 U.S.C.S. § 1326 was vacated, and the case was remanded because the district court committed a Fanfan error in sentencing defendant under a mandatory USSG scheme, and the government did not show that the court would have imposed the same sentence absent the error.
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| United States v. Martinez-Covarrubias, No. 04-41583 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's sentence for illegal reentry after deportation in violation of 8 U.S.C.S. 1326 was vacated and remanded because the Government did not show that the district court would not have sentenced defendant differently under an advisory U.S. Sentencing Guidelines system.
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| United States v. Ramirez-Palomo, No. 04-51196,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's sentence for importing and possessing with intent to distribute cocaine was vacated and remanded because the government did not carry its burden of proving that mandatory application of the Sentencing Guidelines was harmless since it did not show that defendant's sentence would have been the same under advisory Guidelines.
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| United States v. Soto-Soria, No. 04-41538 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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| United States v. Woods, No. 04-11058,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Sentence which violated Booker was vacated, as error was not harmless beyond reasonable doubt; among other things, imposition of consecutive sentences for unrelated crimes had no probative value demonstrating error was harmless and defendant's inability to point to evidence indicating court would have imposed different sentence was irrelevant.
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| Wilson v. Ponchatoula City, No. 05-30122,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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