United States v. Ramon Mendoza-Mesa

SMITH, Circuit Judge.

Our initial judgment and opinion 1 in this matter have been vacated pursuant to Mendoza-Mesa v. United States, — U.S. -, 125 S.Ct. 1409, 161 L.Ed.2d 178 (2005). Based upon the Supreme Court’s summary remand, we review Ramon Mendoza-Mesa’s (“Mendoza-Mesa”) case in light of the Court’s opinion in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). After a careful review of the record, we remand to the district court for resentencing.

At his October 2002 sentencing, Mendoza-Mesa objected to the Presentence Investigation Report (“PSR”), which called for a…