U.S. Court of Appeals for the Eighth Circuit, 2005

United States v. Toelle

United States v. Toelle
U.S. Court of Appeals for the Eighth Circuit · Decided March 16, 2005 · Fagg, Heaney, Melloy
123 F. App'x 272

United States v. Toelle

Opinion of the Court

PER CURIAM.

The defendant in this case was sentenced prior to the United States Supreme Court decision in United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The defendant raised and preserved error as to the constitutionality of the federal sentencing guidelines at the time of sentencing. The defendant was also sentenced to the minimum possible sentence under the applicable federal sentencing guidelines. Accordingly, we cannot say that the error in this case was harmless. We therefore vacate the sentence and remand for resentencing pursuant to United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See, United States v. Haidley, 400 F.3d 642 (2005).

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