United States v. Harrower , 121 F. App'x 500 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4853
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATON D. HARROWER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, District Judge.
(CR-03-967)
Submitted: January 14, 2005 Decided: January 31, 2005
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Langdon D. Long, Assistant Federal Public Defender, Columbia, South
Carolina, for Appellant. J. Strom Thurmond, Jr., United States
Attorney, Dean A. Eichelberger, Assistant United States Attorney,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Paton D. Harrower pled guilty to four counts of making
false statements on a loan application, 18 U.S.C.A. § 1014 (West
Supp. 2004), and was sentenced to five months imprisonment, to be
followed by five years supervised release, with five months of home
confinement as a special condition of supervised release. Harrower
appeals, contending that Blakely v. Washington, 124 S. Ct. 2531(2004), applies to the sentencing guidelines and that the district
court thus erred in finding as a fact that his offense involved a
scheme to defraud more than one victim and making a two-level
enhancement pursuant to U.S. Sentencing Guidelines Manual
§ 2F1.1(b)(2) (1998). Harrower preserved this issue for appeal by
raising it in the district court.
In United States v. Booker, ___ S. Ct. ___, 2005 WL 50108(U.S. Jan. 12, 2005) (Nos. 04-104/05), the Supreme Court held that
Blakely applies to the federal sentencing guidelines and that the
guidelines are advisory rather than mandatory. In light of the
Court’s decision in Booker, we vacate Harrower’s sentence and
remand the case for resentencing. We grant Harrower’s motion to
submit on the briefs; 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
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