United States of America v. Helacio Gonzalez-Castillo

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 04-3260
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UNITED STATES OF AMERICA
v.
HELACIO GONZALEZ-CASTILLO,
Appellant
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On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. No. 04-cr-00078)
District Judge: Honorable Yvette Kane
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Submitted Under Third Circuit LAR 34.1(a)
November 14, 2005
Before: ROTH, FUENTES and BECKER, Circuit Judges
(Filed: December 5, 2005)
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OPINION
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BECKER, Circuit Judge.
Pursuant to a plea agreement, appellant Helacio Gonzalez-Castillo entered a plea

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of guilty to a one-count indictment charging alleged entry into the United States as a
previously deported alien. 8 U.S.C. § 1326(a). Gonzalez-Castillo was sentenced to 24
months’ imprisonment.
Appellant challenges his sentence under United States v. Booker, 543 U.S. —, 125
S. Ct. 738 (2005). In United States v. Davis, 407 F.3d 162 (3d Cir. 2005) (en banc), we
held that, except in limited circumstances, we will presume prejudice and direct a remand
for resentencing where the District Court imposed a sentence in the belief that the
applicable Sentencing Guidelines were mandatory. That was the situation here, and we
perceive no circumstance in this case that warrants a different result from that found in
Davis. We will therefore vacate the sentence and remand for resentencing in accordance
with Booker.

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