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| United States v. Hernandez-Arredondo, No. 04-41387 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: In imposing defendant's sentence, the district court erred in its application of the U.S. Sentencing Guidelines as mandatory; the Government did not show that the error was harmless because it did not demonstrate beyond a reasonable doubt that the district court would have imposed the same sentence under an advisory Guidelines regime.
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| United States v. Hernandez-Franco, No. 05-40178 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: In imposing defendant's sentence, the district court's application of the U.S. Sentencing Guidelines as mandatory constituted Fanfan error. The error was not harmless because nothing in the record demonstrated beyond a reasonable doubt that the court would have imposed the same sentence if the Guidelines had been advisory rather than mandatory.
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| United States v. Mejia-Medina, No. 04-41283 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: The district court committed Booker error by sentencing defendant pursuant to a mandatory application of the U.S. Sentencing Guidelines. The government failed to show that the error was harmless because it did not demonstrate beyond a reasonable doubt that the district court would have imposed the same sentence under an advisory Guidelines regime.
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| United States v. Raven, No. 04-41253 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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| United States v. Reyes-Bautista, No. 05-40022 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant was entitled to resentencing because the government did not sustain its burden of demonstrating that the district court's "Fanfan" error in sentencing defendant under the mandatory guidelines regime was harmless.
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| United States v. Rios-Casio, No. 04-11191 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's sentence was vacated, in light of district court's mandatory application of sentencing guidelines. Government conceded mandatory application of guidelines was error and it could not establish that error was harmless; nothing in record suggested that district court would have imposed same sentence under advisory regime.
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| United States v. Rivera-Garcia, No. 04-41592 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326(a) and (b) was vacated, and the case was remanded because the Fanfan error was preserved and the government had not sustained its burden that the Fanfan error was harmless beyond a reasonable doubt.
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| United States v. Williams, No. 05-10484 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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| Williams v. Cintas Corp., No. 05-10976 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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