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

3-31-2005

USA v. Donovan Precedential or Non-Precedential: Non-Precedential

Docket No. 04-2405

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-2405

UNITED STATES OF AMERICA

v.

DONALD L. DONOVAN, Appellant

On Appeal from the United States District Court for the District of Delaware D.C. Criminal No. 03-cr-00030 (Honorable Kent A. Jordan)

Submitted Pursuant to Third Circuit LAR 34.1(a) March 7, 2005 Before: SCIRICA, Chief Judge, ROTH and BECKER, Circuit Judges

(Filed: March 31, 2005)

OPINION OF THE COURT

SCIRICA, Chief Judge.

Following a jury trial in the District of Delaware, appellant Donald Lee Donovan

was found guilty of eight counts of tax evasion. He was sentenced on May 7, 2004.

Donovan does not challenge his conviction. Appellant challenges his sentence under United States v. Booker, 543 U.S. - -,

(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.

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