U.S. v. ALVAREZ-CUEVAS

No. 03-2387.

415 F.3d 121 (2005)

UNITED STATES of America, Appellee, v. Henry A. ALVAREZ-CUEVAS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 30, 2005.


Attorney(s) appearing for the Case

Robert M. Thomas, Jr., with whom Royston H. Delaney and Thomas & Associates were on brief, for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, Senior Appellate Attorney, with whom H.S. Garcia, United States Attorney, and German A. Rieckehoff, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

Defendant Henry Alvarez-Cuevas challenges the propriety of the application of the Sentencing Guidelines in his case and requests a remand for resentencing in light of the Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Although Alvarez-Cuevas did not preserve his Booker claim and so must meet the plain error standard under Booker, we have recognized that an error in...

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