Opinion
No. 05-2723.
Submitted Under Third Circuit LAR 34.1(a) February 1, 2008.
Filed: March 6, 2008.
On Appeal from the United States District Court for the Eastern District of Pennsylvania (No. 04-cr-00040-1), District Judge: Hon. Sylvia H. Rambo.
Eric Pfisterer, Office Of United States Attorney, Harrisburg, PA, for United States Of America.
Stephen C. Smith, Lock Haven, PA, for Appellant.
OPINION OF THE COURT
Appellant Tye Davis appeals his sentence stemming from his participation in a drug-trafficking conspiracy. Whereas the Government concedes that the District Court wrongfully applied a mandatory Guideline regime in sentencing Tye Davis, we will remand for resentencing in accordance with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
This Court notes that the defendant also contends that there is an outstanding motion to suppress still pending before the District Court.