Appellant Gilberto Ramirez-Chavez contends, and the government does not dispute, that he was sentenced prior to the decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), in violation of the Sixth Amendment. The parties agree that a remand is appropriate for resentencing under Booker.

The sentence is VACATED and this case is remanded for resentencing in light of Booker. 1