UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JORGE ANTONIO RAMOS-LERMA,	No. 04-1301

(D.C. No. 04-CR-54 WM)

(D. Colorado)

Defendant - Appellant.

ORDER AND JUDGMENT*

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.

Defendant Jorge Antonio Ramos-Lerma appeals his sentence after a plea of guilty to the charge of illegal reentry by a previously deported alien, 8 U.S.C. § 1326. He was sentenced at the bottom end of the applicable Guideline range. His sole ground of appeal is that the mandatory Guideline regime under which he was sentenced is unconstitutional under Blakely v. Washington, 124 S. Ct. 2531(2004), and its progeny.

Defendant preserved this issue below. In a Rule 28(j) letter the Government concedes, as it should, that this case is governed by United States v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 2005), and it consents to remand for resentencing.

We REVERSE Defendant's sentence and REMAND to the district court for resentencing.

ENTERED FOR THE COURT

Harris L Hartz

Circuit Judge