United States v. Casey
This text of 153 F. App'x 669 (United States v. Casey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Joseph Casey appeals his 120-month sentence imposed after he was convicted following his plea of guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The only issue he raises concerns the effect of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), on his sentence. As the government correctly concedes, there was non-constitutional Booker error in this case, it was preserved, and the government cannot show it was harmless. Accordingly, Casey is entitled to be resentenced.
The sentence is VACATED, and the case is REMANDED with instructions that Casey is to be resentenced in accord with the Booker decision.
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153 F. App'x 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-casey-ca11-2005.