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U.S. v. Brown

United States Court of Appeals, Third Circuit
Feb 26, 2009
325 F. App'x 110 (3d Cir. 2009)

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.

Before: RENDELL and NYGAARD, Circuit Judges, and McCLURE, District Judge.

Honorable James F. McClure, Jr., District Judge for the United States District Court for the Middle District of Pennsylvania, sitting by designation.

OPINION OF THE COURT


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.


Summaries of

U.S. v. Brown

United States Court of Appeals, Third Circuit
Feb 26, 2009
325 F. App'x 110 (3d Cir. 2009)
Case details for

U.S. v. Brown

Case Details

Full title:UNITED STATES of America v. Michael T. BROWN, also known as Mark Noble…

Court:United States Court of Appeals, Third Circuit

Date published: Feb 26, 2009

Citations

325 F. App'x 110 (3d Cir. 2009)