(DOWNLOAD) "United States v. Palacios-Suarez" by United States Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Palacios-Suarez
- Author : United States Court of Appeals
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this case, Defendant-Appellant German Palacios-Suarez ("Palacios-Suarez") appeals his sentence imposed by the district court after he pled guilty to illegally reentering the United States after having been previously removed. See 8 U.S.C. § 1326(a). Palacios-Suarez challenges his sentence on two grounds. First, he argues that the district court improperly concluded that his prior state-law felony drug convictions should be considered "aggravated felonies" and therefore enhance his sentence pursuant to 8 U.S.C. § 1326(b)(2) and U.S. Sentencing Guideline ("U.S.S.G.") § 2L1.2(b)(1)(C). Second, Palacios-Suarez argues that his case should be remanded to the district court for resentencing in light of the Supreme Courts decision in United States v. Booker, _ U.S. _, 125 S.Ct. 738 (2005). Upon review, we conclude that Palacios-Suarezs prior state felony convictions are not "aggravated felonies," and therefore we VACATE the district courts sentence and REMAND the case for resentencing consistent with this opinion as well as the Supreme Courts opinion in Booker.