Opinion
No. 06-3227.
Submitted Under Third Circuit LAR 34.1(a) October 31, 2007.
Filed February 26, 2009.
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 03-cr-00288), District Judge: The Honorable Maurice B. Cohill, Jr.
Robert L. Eberhardt, Rebecca R. Haywood, Office of United States Attorney, Pittsburgh, PA, for United States of America.
Karen S. Gerlach, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.
Pursuant to L.A.R. 27.4, the Appellant's sentence will be vacated and this matter will be remanded to the District Court for re-sentencing in light of the United States Supreme Court's recent decision in Chambers v. United States, ___ U.S. ___, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009).
The Government, via letter brief filed January 26, 2009, agrees that the Appellant's sentence should be vacated and this matter remanded for re-sentencing consistent with the Supreme Court's Chambers decision, supra.