United States v. Cartwright

• Court: Court of Appeals for the Third Circuit
• Decided: January 23, 2006
• Docket: 04-1605
• Status: Unpublished

Opinion

Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

1-23-2006

USA v. Cartwright Precedential or Non-Precedential: Non-Precedential

Docket No. 04-1605

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-1605

UNITED STATES OF AMERICA

v.

JEROME CARTWRIGHT, Appellant ________________________________

On Appeal From the United States District Court For the Eastern District of Pennsylvania (D.C. No. 01-cr-00190) District Judge: Honorable Petrese B. Tucker _______________________________________

Submitted Under Third Circuit LAR 34.1(a) January 18, 2006

Before: ROTH, FUENTES and BECKER, Circuit Judges

(Filed: January 23, 2006)

OPINION

BECKER, Circuit Judge.

Jerome Cartwright appeals from the sentence imposed following his conviction by

a jury on drug and firearms charges. The sentence of 144 months was calculated in part

on the basis of a two level increase in his base offense following a judicial finding that Cartwright has obstructed justice. Cartwright challenges the sentence under United

States v. Booker, 125 S. Ct. 738 (2005), inasmuch as these findings were not made by a

jury or admitted by the defendant. Having determined that the sentencing issues that

Cartwright raises are best determined by the District Court in the first instance, we will

vacate the sentence and remand for resentencing in accordance with Booker. See United

States v. Davis, 407 F.3d 162 (3d Cir. 2005) (en banc).