United States v. Julian Castaneda

U.S. Court of Appeals for the Eighth Circuit
United States v. Julian Castaneda, 143 F. App'x 737 (8th Cir. 2005)
Arnold, Fagg, Per Curiam, Smith

United States v. Julian Castaneda

Opinion

PER CURIAM.

Julian Castaneda appeals the sentence the district court imposed after Castaneda was convicted of drug charges. Citing United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Castaneda argues for the first time the district court committed error in sentencing him under a mandatory Guidelines scheme. We conclude the Booker error is plain, and given the court’s comments at sentencing while choosing a sentence at the bottom of the Guidelines range, Castaneda has shown a reasonable probability he would have received a lesser sentence under advisory Guidelines. See United States v. Pirani, 406 F.3d 543, 550-53 (8th Cir. 2005) (en banc), petition for cert. filed, *738 (U.S. July 27, 2005) (No. 05-5547). Accordingly, we remand for resentencing.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Julian CASTANEDA, Appellant
Status
Unpublished