OPINION OF THE COURT

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appointed counsel for the Appellant Daniel Rivera originally filed a motion to withdraw from representation and an Anders brief, concluding, inter alia, that the sentence imposed on Appellant by the District Court was legal. The appeal was held C.A.V. pending United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Appellant’s counsel subsequently informed us by letter dated February 22, 2005, that Appellant now challenges his sentence under Booker. We interpret this letter to withdraw counsel’s earlier filed motion to withdraw from representation, and accordingly do not address whether the Anders brief previously submitted met the Anders standard. 1

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.