United States v. Nigel Gray

U.S. Court of Appeals for the Eleventh Circuit
United States v. Nigel Gray, 209 F. App'x 908 (11th Cir. 2006)

United States v. Nigel Gray

Opinion

PER CURIAM:

Appellant was convicted on a plea of guilty of all five counts of the indictment, all of which related to a conspiracy to import five kilograms or more of cocaine into the United States. The district court sentenced him on the first four counts to concurrent prison terms of 168 months and on the fifth count to a consecutive prison term of 60 months, for a total of 228 months. He now appeals his sentences.

The Government concedes in its brief that “statutory error” under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), warrants “a limited remand” to permit the district court to reconsider appellant’s sentences in light of *909 the now-advisory Sentencing Guidelines and the factors set out in § 3553(a). Appellant’s sentences are therefore vacated, and the case is remanded for a new sentencing hearing.

VACATED and REMANDED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Nigel GRAY, Defendant-Appellant
Status
Unpublished