United States v. Demario A. Howard ( 2006 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-2281
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Demario A. Howard, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 17, 2006
Filed: October 31, 2006
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Before MELLOY, BEAM, and BENTON Circuit Judges.
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PER CURIAM.
Demario Antoinette Howard appeals the denial of his motion for correction of
sentence. The United States agrees that plain error occurred because the judge's oral
pronouncement of sentence is not the sentence imposed in fact, and thus supports
Howard's appeal. See Hill v. United States ex rel. Wampler, 298 U.S. 460, 464-65
(1936); United States v. Tramp, 30 F.3d 1035, 1037 (8th Cir. 1994).
This court reverses and remands for sentencing consistent with the alternative
sentence ordered by the district court in the event that the federal sentencing
guidelines were unconstitutional or partially unconstitutional. See United States v.
Booker, 543 U.S. 220 (2005); 8th Cir. R. 47A.
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