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A 5th Circuit Booker sighting (or citing)

February 23, 2005

Last week I put out this APB for the Fifth Circuit, and a reader has now pointed me to what I believe is the first mention of Booker from the Fifth Circuit.  Here is the full text of the per curiam order in US v. Barrera-Saucedo, 04-20943 (5th Cir. Feb. 22, 2005) (available here):

IT IS ORDERED that appellant’s motion to expedite the appeal is granted.

IT IS FURTHER ORDERED that appellant’s motion to vacate and remand in light of USA v. Booker is granted.

I do not have any details about the case, and thus without more explanation from the 5th Circuit it is hard to tell if this is a consequential ruling.  It seems, at least for now, that the 5th is continuing to exercise its right to remain silent on Booker.