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

4-21-2005

USA v. Romero Precedential or Non-Precedential: Non-Precedential

Docket No. 02-1506

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Recommended Citation "USA v. Romero" (2005). 2005 Decisions. Paper 1330. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1330

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 02-1506

UNITED STATES OF AMERICA

v.

GARZON CORTES ROMERO,

Appellant

ON APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

(Dist. Court No. 00-cr-00690) District Court Judge: Joseph A. Greenaway, Jr.

Submitted Under Third Circuit LAR 34.1(a) November 1, 2004

(Filed: April 21, 2005)

Before: ALITO, BARRY, and FUENTES, Circuit Judges

PER CURIAM

The only issue in this appeal is whether the District Court erred in failing to grant

Romero a downward departure for substantial assistance where the Government did not

move for one. In the wake of the Supreme Court’s decision in United States v. Booker,

,

(2005), this Circuit has determined that sentencing issues are

best determined by the District Court in the first instance. Accordingly, we vacate the

sentence and remand for resentencing in accordance with Booker.

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