United States v. Jason Daniel Taylor

315 F. App'x 233

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 20, 2009
• Docket: 06-13139
• Status: Unpublished

Opinion

PER CURIAM:

We have this case on remand from the Supreme Court for reconsideration in light of Chambers v. United States, — U.S. -, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). On February 6, 2009, we ordered the parties to file letter briefs addressing the effect of Chambers upon this case. The parties have done so and this appeal is now ripe for disposition.

The United States has indicated in its letter brief that it no longer seeks to enhance Mr. Taylor’s sentence under the Armed Career Criminal Act (the “ACCA”) 18 U.S.C. § 924(e), and that it consents to the vacation of his sentence and remand for re-sentencing without the enhancement provided by the ACCA.

Accordingly, we shall vacate Defendant’s sentence and remand for re-sentencing.

VACATED AND REMANDED FOR RESENTENCING.