United States v. Miller , 131 F. App'x 393 ( 2005 )


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  •                                                                                                                            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    Precedential or Non-Precedential: Non-Precedential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
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    Recommended Citation
    "USA v. Miller" (2005). 2005 Decisions. Paper 1192.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1192
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    NOT PRECEDENTIAL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