United States v. Sean Thomas Sullivan, A/K/A Rico, United States of America v. Kenneth Adrian Campbell, A/K/A Kenny, A/K/A Kac

455 F.3d 248, 70 Fed. R. Serv. 687, 2006 U.S. App. LEXIS 17303, 2006 WL 1891792

Opinions

Affirmed in part, vacated in part, and remanded by published PER CURIAM opinion in which all judges of the panel concurred. Judge WIDENER wrote a concurring and dissenting opinion. Judge KING wrote a concurring opinion, in which Judge DUNCAN joined.

OPINION

PER CURIAM:

Pursuant to the following opinions of Judge Widener and Judge King, the convictions of the defendants are hereby affirmed, and their sentences are hereby vacated. Judge Widener’s opinion in these appeals, to the extent that it affirms the convictions of the defendants, is joined by Judge King and Judge Duncan. Judge King’s separate opinion, which agrees with the result reached by Judge Widener as to Sullivan’s sentence, but for different reasons, addresses the sentencing issues only, vacates both defendants’ sentences, and remands for resentencing. It is joined by Judge Duncan. Judge Widener agrees in the result reached by Judge King as to Sullivan’s sentence, but for the reasons expressed in his opinion. He dissents from Judge King’s opinion and the result there reached as to the sentencing of Campbell.

The convictions of Sean Thomas Sullivan and Kenneth Campbell are thus affirmed, their separate sentences are vacated, and these cases are remanded to the district court for such other and further sentencing proceedings as may be appropriate.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED