U.S. Court of Appeals for the Ninth Circuit, 2006

United States v. Maldonado-Perez

United States v. Maldonado-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided January 17, 2006 · Hug, Scannlain, Silverman
163 F. App'x 548

United States v. Maldonado-Perez

Opinion of the Court

MEMORANDUM**

Besy Arely Maldonado-Perez appeals from the 121-month sentence imposed following her jury trial conviction for conspiracy to commit hostage taking, in violation of 18 U.S.C. § 1203, conspiracy to harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (a)(l)(A)(v)(I) and (II) and (a)(1)(B)®, and harboring illegal aliens, in violation of 8 U.S.C. § 1324(a)(l)(A)(iii), (a)(l)(A)(v)(II) and (a)(l)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Maldonado-Perez challenges the district court’s enhancements for making a ransom demand and for multiple victims. Because these challenges were preserved below, we vacate the sentence and remand for resentencing under the now-advisory Guidelines. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); United States v. Kortgaard, 425 F.3d 602, 610-11 (9th Cir. 2005).

SENTENCE VACATED and 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 9th Cir. R. 36-3.

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