United States v. Wright

U.S. Court of Appeals for the Third Circuit
United States v. Wright, 128 F. App'x 295 (3d Cir. 2005)

United States v. Wright

Opinion

OPINION

FUENTES, Circuit Judge.

Larry Wright pled guilty to a one count information charging him with robbery of a United States Post Office, in violation of 18 U.S.C. §§ 2114(a) and (2). The District Court sentenced Wright, pursuant to the United States Sentencing Guidelines, to a 150 month term of imprisonment. Wright received a four level enhancement for “otherwise using” a dangerous weapon while committing the offense in Count One of the information. On appeal, he challenges his sentence under United States v. Book er, — 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. Wright raises no challenge as to his conviction and accordingly has waived any argument in this regard.

Reference

Full Case Name
UNITED STATES of America, v. Larry WRIGHT Appellant
Status
Unpublished