United States of America v. Garzon Cortes Romero

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-1506
UNITED STATES OF AMERICA
v.
GARZON CORTES ROMERO,
Appellant
ON APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF NEW JERSEY
(Dist. Court No. 00-cr-00690)
District Court Judge: Joseph A. Greenaway, Jr.
Submitted Under Third Circuit LAR 34.1(a)
November 1, 2004
(Filed: April 21, 2005)
Before: ALITO, BARRY, and FUENTES, Circuit Judges
PER CURIAM
The only issue in this appeal is whether the District Court erred in failing to grant
Romero a downward departure for substantial assistance where the Government did not
move for one. In the wake of the Supreme Court’s decision in United States v. Booker,

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543 U.S. __, 125 S. Ct. 738 (2005), this Circuit has determined that sentencing issues are
best determined by the District Court in the first instance. Accordingly, we vacate the
sentence and remand for resentencing in accordance with Booker.

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