United States v. Logan
Opinion
Affirmed in part, vacated in part, and remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Aundra Logan pled guilty without a plea agreement to escape from custody, in violation of 18 U.S.C. § 751(a) (2006). The district court determined that Logan was a career offender under the Sentencing Guidelines, see U.S. Sentencing Guidelines Manual § 4B1.1 (2007), and sentenced him to 36 months’ imprisonment. Logan appeals his sentence, arguing that it should be vacated and the case remanded for resentencing in light of the Supreme Court’s decision in Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). The Government does not oppose Logan’s request.
We grant Logan’s request for remand to allow the district court to reconsider Logan’s sentence in light of Chambers. Logan’s appellate brief indicates that he raises no issues on appeal other than a challenge to his designation as a career offender. Therefore, we affirm his conviction, vacate the sentence imposed by the district court, and remand for resentencing. 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 PART, VACATED IN PART, AND REMANDED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee, v. Aundra LOGAN, Defendant—Appellant
- Cited By
- 2 cases
- Status
- Unpublished