Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

6-2-2005

USA v. Geddes Precedential or Non-Precedential: Non-Precedential

Docket No. 03-2802

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Recommended Citation "USA v. Geddes" (2005). 2005 Decisions. Paper 1077. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1077

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 03-2802

UNITED STATES OF AMERICA

v.

AARON GEDDES

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 02-cr-00705) District Judge: The Honorable Mary L. Cooper

On Remand from the United States Supreme Court (S.Ct. No. 04-6264)

Before: SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge

ORDER _______

Appellant’s petition for panel rehearing is granted. The Court’s Order of April 6,

2005 is hereby vacated.

Appellant was convicted of possession of a weapon by a convicted felon in

violation of

(g)(1). He was sentenced to a term of imprisonment of 110

months. We affirmed the conviction and sentence by opinion filed June 2, 2004.

Appellant petitioned the United State Supreme Court for a writ of certiorari which was granted by order entered January 24, 2005. The Court vacated the judgment of this Court

and remanded for further consideration in light of United States v. Booker, 543 U.S. ,

(2005).

Upon further consideration, we reaffirm our prior decision with respect to the

judgment of conviction. Appellant has requested that we remand the matter to the

District Court for resentencing in light of Booker. We have determined that the

sentencing issues Appellant raises are best determined by the District Court in the first

instance. Accordingly, we will vacate the judgment of sentence and remand for

reconsideration and, if that Court deems it appropriate, for resentencing in accordance

with Booker.

BY THE COURT:

/s/ Julio M. Fuentes Circuit Judge

Dated: June 2, 2005

ARL/cc: JSF; GSL; DBL; RS