United States v. Branch

138 F. App'x 383

Opinion

OPINION OF THE COURT

ROSENN, Circuit Judge.

Appellant Terrance Branch was convicted of possessing a firearm in violation of 18 U.S.C. § 922(g)(1) in the United States District Court for the District of Delaware. He was tried by jury and subsequently sentenced to 120 months in prison. Branch timely appealed his conviction to this Court, but did not challenge his sentence.

We affirmed his conviction in United States v. Branch, 120 Fed.Appx. 920, 922 (3d Cir.2005). The Supreme Court granted certiorari. In Branch v. United States, —U.S.-, 125 S.Ct. 2281, 161 L.Ed.2d 1055 (2005), the Supreme Court vacated the judgment and remanded for further consideration in light of United States v. Booker, 543 U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

After further consideration, we reaffirm the District Court’s judgment of conviction for the reasons set forth in our opinion of January 20, 2005. However, in light of Booker, the appellant’s sentence must be reviewed and its appropriateness ascertained. Because we believe that this is best determined by the District Court in the first instance, we will vacate the sentence and remand for resentencing in accordance with Booker. United States v. Davis, 407 F.3d 162, 165 (3d Cir.2005) (en banc).