United States v. Gunter

• Court: Court of Appeals for the Third Circuit
• Decided: June 24, 2009
• Docket: 07-1291
• Status: Unpublished

Opinion

Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

6-24-2009

USA v. Gunter Precedential or Non-Precedential: Non-Precedential

Docket No. 07-1291

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Recommended Citation "USA v. Gunter" (2009). 2009 Decisions. Paper 1147. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1147

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-1291

UNITED STATES OF AMERICA, v. JOHNNY GUNTER, Appellant

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal No. 04-cr-00295-01) District Judge: Honorable James T. Giles

Opinion and Judgment Entered June 9, 2008 Petition for Writ of Certiorari Granted April 27, 2009 Submitted on Remand from the Supreme Court of the United States June 16, 2009

Before: FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.

JUDGMENT ORDER

Appellant’s conviction is AFFIRMED. The judgment of sentence entered by the

District Court is VACATED and this case is REMANDED to the District Court for

sentencing in light of Spears v. United States, 129 S. Ct. 840, 555 U.S. ---- (2009).

By the Court: /s/ Franklin S. Van Antwerpen Circuit Judge DATED: June 24, 2009

cc: David L. McColgin, Esq. Francis C. Barbieri Jr., Esq.