United States v. Romero

Fifth Circuit

United States v. Romero

165 F. App'x 365

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 3, 2006

Docket04-20999

StatusUnpublished

This text of 165 F. App'x 365 (United States v. Romero) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Romero, 165 F. App'x 365 (5th Cir. 2006).

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Opinion

PER CURIAM: *

Oscar Rene Romero appeals the 88-month sentence he received following his conviction by a jury of possessing with the intent to distribute and importation of more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841, 952, and 960. He contends, inter alia, that the district court erred in sentencing him pursuant to the mandatory Guidelines regime held unconstitutional in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 764-65, 160 L.Ed.2d 621 (2005). The sentencing transcript is devoid of evidence that the district court would have imposed the same sentence under an advisory regime, and, therefore, the Government has not borne its burden of establishing beyond a reasonable doubt that the district court’s error was harmless. See United States v. Garza, 429 F.3d 165, 170 (5th Cir.2005); United States v. Walters, 418 F.3d 461, 464 (5th Cir.2005). We further hold that Romero’s remaining contentions, all of which arise from the jury’s determination of the amount of drugs involved in his offense, are unavailing. As to those contentions, the judgment of the district court is AFFIRMED.

Accordingly, Romero’s sentence is VACATED, and the case is REMANDED for further proceedings. See id. at 466.

AFFIRMED IN PART; SENTENCE VACATED AND REMANDED IN PART FOR FURTHER PROCEEDINGS.

*

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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PER CURIAM: *

Oscar Rene Romero appeals the 88-month sentence he received following his conviction by a jury of possessing with the intent to distribute and importation of more than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841, 952, and 960. He contends, inter alia, that the district court erred in sentencing him pursuant to the mandatory Guidelines regime held unconstitutional in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 764-65, 160 L.Ed.2d 621 (2005). The sentencing transcript is devoid of evidence that the district court would have imposed the same sentence under an advisory regime, and, therefore, the Government has not borne its burden of establishing beyond a reasonable doubt that the district court’s error was harmless. See United States v. Garza, 429 F.3d 165, 170 (5th Cir.2005); United States v. Walters, 418 F.3d 461, 464 (5th Cir.2005). We further hold that Romero’s remaining contentions, all of which arise from the jury’s determination of the amount of drugs involved in his offense, are unavailing. As to those contentions, the judgment of the district court is AFFIRMED.

Accordingly, Romero’s sentence is VACATED, and the case is REMANDED for further proceedings. See id. at 466.

AFFIRMED IN PART; SENTENCE VACATED AND REMANDED IN PART FOR FURTHER PROCEEDINGS.

*

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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165 F. App'x 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-romero-ca5-2006.

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