United States v. Wormsley

132 F. App'x 406

• Court: Court of Appeals for the Third Circuit
• Decided: May 27, 2005
• Docket: 03-3384
• Status: Unpublished

Opinion

OPINION OF THE COURT

SCIRICA, Chief Judge.

Appellant Eric Lamar Wormsley pled guilty to one count of being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and one count of possession of heroin with intent to distribute, in violation of 18 U.S.C. § 841(a)(1). The District Court sentenced Wormsley to 80 months in prison. Wormsley timely appealed his sentence to this Court, but did not challenge his conviction.

In United States v. Schnupp, 368 F.3d 331 (3d Cir.2004), we affirmed his sentence. The Supreme Court granted certiorari. In Wormsley v. United States, — U.S. -, 125 S.Ct. 1055, 160 L.Ed.2d 1044 (2005), the Supreme Court vacated the judgment and remanded for further consideration in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

On remand to this Court, appellant challenges his sentence under Booker. Having determined that the sentencing issues appellant raises are best determined by the District Court in the first instance, we will vacate the sentence and remand for resentencing in accordance with Booker.