USA v. Perez, No. 06-40643 (5th Cir. 2007)
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United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 _______________________ Charles R. Fulbruge III Clerk No. 06-40643 _______________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALBERT PEREZ, Defendant-Appellant. On Appeal from the United States District Court for the Southern District of Texas, Victoria No. 6:05-CR-00085 Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges. PER CURIAM:* After considering the briefs, oral arguments and pertinent parts of the record in this case, we remain uncertain about the district court s reasoning when it refused to credit Perez s federal sentence for the nine months he had served in state custody on an sentencing been offense for formally which he had charged in state not at court. the date The of court probably erred if it was trying to apply U.S.S.G. § 5G1.3(b); it overlooked U.S.S.G. § 5G1.3(c); and we cannot discern the legal * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. basis for its deferring the decision whether to award credit for the ongoing state imprisonment. We need not further analyze these issues, however, because Perez was recently sentenced on a guilty plea to serve a lengthy state imprisonment on the underlying state offenses. We therefore VACATE and REMAND the sentence with instructions to the district court to exercise its discretion, pursuant to the Guidelines and Booker, in light of the foregoing development, and to articulate the reasons for its decision. VACATED AND REMANDED. 2
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