U.S. Court of Appeals for the Fourth Circuit, 2005

United States v. Estimable

United States v. Estimable
U.S. Court of Appeals for the Fourth Circuit · Decided May 13, 2005 · Michael, Traxler, Shedd
131 F. App'x 413

United States v. Estimable

Opinion

PER CURIAM:

Eric Estimable was convicted by a jury of one count of interstate transportation of stolen motor vehicles, in violation of 18 U.S.C. §§ 2312, 2 (2000). On November 10, 2004, the district court sentenced Estimable, over his objection based upon Blakely v. Washington, —U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), to a twenty-four-month term of imprisonment *414 to be followed by three years of supervised release. After Estimable filed his notice of appeal, the Supreme Court decided United States v. Booker, —U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Government has filed an unopposed motion to remand for resentencing in light of the Booker decision.

We grant the motion for remand to allow the district court to reconsider Estimable’s sentence in light of the Booker decision. Estimable’s formal brief on appeal reveals that the applicability of Booker is the only issue that he wishes to pursue on appeal. Therefore, we affirm his conviction, vacate the sentence imposed by the district court, and remand for reconsideration of the sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED IN PANT, VACATED IN PART, AND REMANDED

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