Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

6-24-2009 USA v. Gunter Precedential or Non-Precedential: Non-Precedential Docket No. 07-1291

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "USA v. Gunter" (2009). 2009 Decisions. Paper 1147. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1147

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-1291

UNITED STATES OF AMERICA, v. JOHNNY GUNTER, Appellant

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal No. 04-cr-00295-01) District Judge: Honorable James T. Giles

Opinion and Judgment Entered June 9, 2008 Petition for Writ of Certiorari Granted April 27, 2009 Submitted on Remand from the Supreme Court of the United States June 16, 2009 Before: FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.

JUDGMENT ORDER

Appellant’s conviction is AFFIRMED. The judgment of sentence entered by the District Court is VACATED and this case is REMANDED to the District Court for sentencing in light of Spears v. United States, 129 S. Ct. 840, 555 U.S. ---- (2009).

By the Court: /s/ Franklin S. Van Antwerpen Circuit Judge DATED: June 24, 2009 cc: David L. McColgin, Esq.

Francis C. Barbieri Jr., Esq.