United States v. Nelson , 336 F. App'x 359 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4456
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAWRENCE W. NELSON, a/k/a Zikee,
Defendant - Appellant.
On Remand from the Supreme Court of the United States.
(S. Ct. No. 08-5657)
Submitted: May 29, 2009 Decided: July 7, 2009
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Christopher A. Davis, DAVIS LAW OFFICES, Clarksburg, West
Virginia, for Appellant. Sharon L. Potter, United States
Attorney, Zelda E. Wesley, Assistant United States Attorney,
Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In United States v. Nelson, 276 F. App’x 331 (4th Cir.
2008), we affirmed Lawrence W. Nelson’s 360-month sentence
imposed by the district court after a jury convicted Nelson of
conspiracy to distribute and possess with intent to distribute
more than fifty grams of crack cocaine, in violation of 21
U.S.C. § 846 (2006). Nelson filed a petition for writ of
certiorari, and the Supreme Court vacated the judgment and
remanded the case to us for further consideration in light of
Rita v. United States, 551 U.S. 338 (2007), and Gall v. United
States, 552 U.S. 38 (2007). See Nelson v. United States, 129 S.
Ct. 890 (2009). Upon further consideration, we vacate Nelson’s
sentence and remand for resentencing consistent with the Supreme
Court’s decision in Nelson. ∗ 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
∗
We note that, in his original appeal, Nelson also
challenged his conviction on several grounds. Because the
Supreme Court’s opinion remanding the case does not affect the
issues Nelson raised with regard to his conviction, we reinstate
our prior opinion affirming his conviction. See United
States v. Nelson, 237 F. App’x 819, 820-21 (4th Cir. 2007).
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