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U.S. v. BERNAL-AVEJA

No. 04-3743.

414 F.3d 625 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar BERNAL-AVEJA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 21, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Dennis C. Belli, Columbus, Ohio, for Appellant. Marcia J. Harris, United States Attorney, Columbus, Ohio, for Appellee.

Before: CLAY and SUTTON, Circuit Judges; O'MEARA, District Judge.

OPINION

CLAY, Circuit Judge.

Defendant Cesar Bernal-Aveja, a Mexican national, appeals his 57 month sentence for illegally reentering the United States after having been deported, in violation of U.S.C. § 1326(a), (b)(2). For the reasons set forth below, we VACATE Defendant's sentence, and REMAND to the district court for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. FACTS<...

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