UNITED STATES of America, Plaintiff-Appellee, v. Gilberto RAMIREZ-CHAVEZ, Defendant-Appellant, 184 F. App'x 532

SARGUS, District Judge. Appellant Gilberto Ramirez-Chavez contends, and the government does not dispute, that he was sentenced prior to the decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), in violation of the Sixth Amendment. The parties agree that a remand is appropriate for resentencing under Booker. The sentence is VACATED and this case is remanded for resentencing in light of Booker. . Appellant’s counsel stated during a telephonic oral argument that Ramirez-Chavez was withdrawing his first assignment of error which challenged a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). Consequently, the Court does not address this issue.