United States v. Shider

124 F. App'x 213

Opinion

PER CURIAM:

Kemp Shider petitions this court for rehearing of his earlier appeal. In light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and United States v. Hughes, 2005 U.S.App. LEXIS 4331 (4th Cir. Mar. 16, 2005), we grant the petition for rehearing solely as to the sentence and find that the district court plainly erred in imposing a sentence that exceeded the maximum allowed based on facts established by Shider’s guilty plea. We therefore vacate the sentence and remand for proceedings consistent with Hughes. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED