United States v. Cortes Romero

Third Circuit

United States v. Cortes Romero

125 F. App'x 455

CourtCourt of Appeals for the Third Circuit

DecidedApril 21, 2005

DocketNo. 02-1506

StatusPublished

This text of 125 F. App'x 455 (United States v. Cortes Romero) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Cortes Romero, 125 F. App'x 455 (3d Cir. 2005).

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Opinion

PER CURIAM.

The only issue in this appeal is whether the District Court erred in failing to grant Romero a downward departure for substantial assistance where the Government did not move for one. In the wake of the Supreme Court’s decision in United States v. Booker, 543 U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), this Circuit has determined that sentencing issues are best determined by the District Court in the first instance. Accordingly, we vacate the sentence and remand for resentencing in accordance with Booker.

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PER CURIAM.

The only issue in this appeal is whether the District Court erred in failing to grant Romero a downward departure for substantial assistance where the Government did not move for one. In the wake of the Supreme Court’s decision in United States v. Booker, 543 U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), this Circuit has determined that sentencing issues are best determined by the District Court in the first instance. Accordingly, we vacate the sentence and remand for resentencing in accordance with Booker.

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Bluebook (online)

125 F. App'x 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cortes-romero-ca3-2005.

Opinion

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