United States v. Brown

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 6, 2005

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _____________________

No. 02-30514 _____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

KENNETH WAYNE PEARSON

Defendant - Appellant

_________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana _________________________________________________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.

PER CURIAM:*

Defendant Kenneth Wayne Pearson argues that his sentence

should be vacated in light of United States v. Booker, 125 S. Ct.

738 (2005), and the case remanded to the district court for

resentencing. The government does not oppose a remand for the

purpose of resentencing. Accordingly, IT IS ORDERED that the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. defendant’s conviction is REINSTATED. IT IS FURTHER ORDERED that

the defendant’s sentence is VACATED and REMANDED to the United

States District Court for the Western District of Louisiana for

resentencing.