United States v. Garibay-Garibay
United States v. Garibay-Garibay
Opinion of the Court
MEMORANDUM
Jose Luis Garibay-Garibay appeals his sentence imposed following his guilty plea to re-entry of a deported alien, in violation of 8 U.S.C. ยง 1326(a). Garibay-Garibay was sentenced before the United States Supreme Court held in United States v. Booker, โ U.S. -, 125 S.Ct. 738, 764, 160 L.Ed.2d 621 (2005), that the Sentencing Guidelines were effectively advisory. He contends that his case should be remanded for resentencing under the advisory Guidelines. The record does not show how the district court would have proceeded had it known that the Guidelines were
REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Jose Luis GARIBAY-GARIBAY
- Cited By
- 2 cases
- Status
- Published