United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 21, 2006

Charles R. Fulbruge III Clerk No. 04-10904 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

WALTER ALBERTO MEJIA-RUIZ

Defendant - Appellant

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CR-34-ALL-A --------------------

Before KING, WIENER and DeMOSS, Circuit Judges.

PER CURIAM:*

Walter Alberto Mejia-Ruiz (Mejia) appeals his sentence

following his guilty plea conviction for illegal reentry. He

argues that the district court reversibly erred under United

States v. Booker,

(2005), by sentencing him pursuant

to a mandatory application of the Sentencing Guidelines. The

Government concedes that Mejia has preserved this issue for

appeal. The Government, however, has not shown beyond a

reasonable doubt that the error was harmless. See United States

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 04-10904 -2-

v. Walters,

(5th Cir. 2005). Accordingly,

Mejia’s sentence is vacated, and this case is remanded for

resentencing.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR

RESENTENCING.