U.S. v. RODRIGUEZ-CEBALLOS

No. 04-3390.

407 F.3d 937 (2005)

UNITED STATES of America, Appellee, v. Leonel RODRIGUEZ-CEBALLOS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 16, 2005.


Attorney(s) appearing for the Case

Robert A. Wichser, argued, Sioux City, IA, for appellant.

Andrew Kahl, argued, Asst. U.S. Atty., Des Moines, IA, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.


RILEY, Circuit Judge.

Leonel Rodriguez-Ceballos (Rodriguez-Ceballos) appeals the sentence he received after pleading guilty to illegal reentry following deportation. We reverse the district court, vacate Rodriguez-Ceballos's sentence, and remand for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. BACKGROUND

On December 20, 2002, Rodriguez-Ceballos...

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