Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

12-5-2005 USA v. Gonzalez-Castillo Precedential or Non-Precedential: Non-Precedential Docket No. 04-3260

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Gonzalez-Castillo" (2005). 2005 Decisions. Paper 167. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/167

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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 04-3260 ________________ UNITED STATES OF AMERICA

v. HELACIO GONZALEZ-CASTILLO, Appellant

____________________________________ On Appeal From the United States District Court For the Middle District of Pennsylvania (D.C. No. 04-cr-00078) District Judge: Honorable Yvette Kane _______________________________________ Submitted Under Third Circuit LAR 34.1(a) November 14, 2005 Before: ROTH, FUENTES and BECKER, Circuit Judges

(Filed: December 5, 2005)

_______________________ OPINION _______________________ BECKER, Circuit Judge.

Pursuant to a plea agreement, appellant Helacio Gonzalez-Castillo entered a plea of guilty to a one-count indictment charging alleged entry into the United States as a previously deported alien. 8 U.S.C. § 1326(a). Gonzalez-Castillo was sentenced to 24 months’ imprisonment.

Appellant challenges his sentence under United States v. Booker, 543 U.S. —, 125 S. Ct. 738 (2005). In United States v. Davis, 407 F.3d 162 (3d Cir. 2005) (en banc), we held that, except in limited circumstances, we will presume prejudice and direct a remand for resentencing where the District Court imposed a sentence in the belief that the applicable Sentencing Guidelines were mandatory. That was the situation here, and we perceive no circumstance in this case that warrants a different result from that found in Davis. We will therefore vacate the sentence and remand for resentencing in accordance with Booker.