U.S. Court of Appeals for the Third Circuit, 2005

United States v. Morgan

United States v. Morgan
U.S. Court of Appeals for the Third Circuit · Decided July 13, 2005 · Alito, Becker, Shadur
139 F. App'x 398

United States v. Morgan

Opinion

OPINION OF THE COURT

BECKER, Circuit Judge.

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 *399 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, 160 L.Ed.2d 621 (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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.