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U.S. v. ANGELES-MENDOZA

Nos. 04-50118, 04-50119 and 04-50142.

407 F.3d 742 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel ANGELES-MENDOZA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Felipe Ceron-Espinoza, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Erik Angeles-Mendoza, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Richard L. Durbin, Jr., Asst. U.S. Attys., San Antonio, TX, for U.S.

Hans Viktor Olavson, Orr & Olavson, Austin, TX, for Daniel Angeles-Mendoza.

Gloria Magdalena Salinas, Austin, TX, for Ceron-Espinoza.

Oskar I. Nisimblat, Owen, Bogart & Rogers, Elgin, TX, for Erik Angeles-Mendoza.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In these consolidated appeals, defendants challenge adjustments made to their sentencing ranges under the United States Sentencing Guidelines.1 Although the district court correctly decided most of the issues on appeal, it did err in applying the vulnerable victim adjustment, U.S.S.G. § 3A1.1(b)(1). For this reason, we vacate and remand for resentencing in light of United States v. Booker, ___...

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