-
Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 5-16-2005 USA v. Miller Precedential or Non-Precedential: Non-Precedential Docket No. 02-4304 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Miller" (2005). 2005 Decisions. Paper 1192. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1192 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 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Case No: 02-4304 UNITED STATES OF AMERICA, Appellant v. EARNEST MILLER, a/k/a PAUL JONES a/k/a EARNEST RUSSELL _____________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Crim. No. 01 CR 00186) District Judge: The Honorable Edwin M. Kosik Submitted Under Third Circuit LAR 34.1(a) After Remand from the United States Supreme Court Before: FUENTES, SMITH and GIBSON, Circuit Judges* (Filed:May 16, 2005) ______________ OPINION OF THE COURT ________________ * The Honorable John R. Gibson, Senior Circuit Judge for the United States Court of Appeals for the Eighth Circuit, sitting by designation. SMITH, Circuit Judge. In an opinion filed on April 15, 2004, we agreed with the United States, the appellant in this criminal appeal, and concluded that there were “no facts in this record to support the District Court’s downward departure under U.S.S.G. § 4A1.3 or U.S.S.G. § 5K2.0." Consistent with that determination, we vacated the judgment of the District Court sentencing Earnest Miller to 41 months imprisonment. Miller filed a timely petition for writ of certiorari with the Supreme Court. After issuing its decision in United States v. Booker, 543 U.S. __,
125 S.Ct. 738(2005), the Supreme Court granted Miller’s petition for writ of certiorari, vacated our judgment, and remanded for further proceedings in light of Booker. Thereafter, the Clerk of this Court directed the parties in a notice dated March 3, 2005, to comment on the applicability of Booker. Neither party responded. Thus, it appears that neither party seeks resentencing in accordance with Booker. For that reason, we will affirm the judgment of sentence.
Document Info
Docket Number: 02-4304
Citation Numbers: 131 F. App'x 393
Filed Date: 5/16/2005
Precedential Status: Non-Precedential
Modified Date: 1/12/2023