No. 05-10382 Non-Argument Calendar.

407 F.3d 1170 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Nicky MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 2005.

Attorney(s) appearing for the Case

Jason P. Grey (Court-Appointed), Grey & Mourin, P.A., Miami, FL, for Defendant-Appellant.

Anne R. Schultz, Evelio J. Yera, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, CARNES and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

Nicky Martinez appeals his sentence for drug and firearm violations and argues, for the first time, that the district court erred under United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when it treated the Sentencing Guidelines as mandatory at sentencing. The government concedes that the district court plainly erred and that the sentence should be vacated and this case remanded for resentencing. During sentencing...

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