United States v. Rodriguez-Gutierrez

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant-Appellant Luis Alonso Rodriguez-Gutierrez pled guilty to illegal reentry following deportation subsequent to an aggravated felony, in violation of 8 U.S.C. § 1326(a) & (b). We affirmed. 1 After the Supreme Court decided United States v. Booker, 2 it vacated Rodriguez’s sentence and remanded to this Court for further consideration in light of that deci sion. 3 We requested and received supplemental letter briefs addressing the impact of Booker, and we again affirm Gutierrez’s sentence.

Gutierrez did not raise the Booker error until his petition…