United States v. Maldonado-Perez

163 F. App'x 548

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 17, 2006
• Docket: No. 04-10591; D.C. No. CR-03-01064-SMM
• Status: Published

Opinion

MEMORANDUM

**

Besy Arely Maldonado-Perez appeals from the 121-month sentence imposed following her jury trial conviction for conspiracy to commit hostage taking, in violation of 18 U.S.C. § 1203, conspiracy to harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (a)(l)(A)(v)(I) and (II) and (a)(1)(B)®, and harboring illegal aliens, in violation of 8 U.S.C. § 1324(a)(l)(A)(iii), (a)(l)(A)(v)(II) and (a)(l)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Maldonado-Perez challenges the district court’s enhancements for making a ransom demand and for multiple victims. Because these challenges were preserved below, we vacate the sentence and remand for resentencing under the now-advisory Guidelines. See United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); United States v. Kortgaard, 425 F.3d 602, 610-11 (9th Cir.2005).

SENTENCE VACATED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.