United States v. Morgan , 139 F. App'x 398 ( 2005 )


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  •                                                                                                                            Opinions of the United
    2005 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    7-13-2005
    USA v. Morgan
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 04-2714
    Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005
    Recommended Citation
    "USA v. Morgan" (2005). 2005 Decisions. Paper 858.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2005/858
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    No. 04-2714
    UNITED STATES OF AMERICA
    v.
    HAROLD MORGAN,
    Appellant
    On Appeal from the United States District Court
    for the Eastern District of Pennsylvania
    (D.C. No. 97-cr-00269)
    District Judge: Honorable Stewart Dalzell
    Submitted Pursuant to Third Circuit LAR 34.1(a)
    July 11, 2005
    Before: ALITO and BECKER, Circuit Judges, and SHADUR, District Judge.*
    (Filed: July 13, 2005 )
    OPINION OF THE COURT
    BECKER, Circuit Judge.
    *
    The Honorable Milton I. Shadur, United States District Judge for the District of
    Illinois, sitting by designation.
    Pursuant to a plea agreement, appellant Harold Morgan entered a plea of guilty to
    counts one, three, five and seven of an eight-count indictment charging him with six
    counts of distribution of methamphetamine and one count of possession with intent to
    distribute methamphetamine, in violation of 
    21 U.S.C. § 841
    (a)(1), and one count of
    criminal forfeiture of identified property, pursuant to 
    21 U.S.C. § 853
    . Morgan was
    sentenced to 135 months’ imprisonment, eight years’ supervised release, a $1,000 fine,
    and a $200 special assessment.
    Appellant challenges his sentence under United States v. Booker, 543 U.S. —, 
    125 S. Ct. 738
     (2005). 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. See United States v. Davis, 
    407 F.3d 162
     (3d Cir. 2005) (en banc).
    

Document Info

Docket Number: 04-2714

Citation Numbers: 139 F. App'x 398

Filed Date: 7/13/2005

Precedential Status: Non-Precedential

Modified Date: 1/12/2023