United States v. Bernal-Aveja

Defendant Cesar Bernal-Aveja, a Mexican national, appeals his 57 month sentence for illegally reentering the United States after having been deported, in violation of U.S.C. § 1326(a), (b)(2). For the reasons set forth below, we VACATE Defendants sentence, and REMAND to the district court for resentencing in light of United States v. Booker, 125 S.Ct. 738 (2005).