United States of America v. Otto Barbour

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3523
__________
UNITED STATES OF AMERICA
v.
OTTO BARBOUR,
Appellant
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
D.C. Crim. No. 00-cr-00419-7
District Judge: The Honorable Eduardo C. Robreno
Submitted: March 29, 2005
Before: ALITO, BARRY, and AMBRO, Circuit Judges
(Opinion Filed May 25, 2005)
OPINION
BARRY, Circuit Judge
Appellant Otto Barbour was sentenced as a career offender under U.S.S.G. §
4B1.1 to a term of imprisonment of 235 months following his conviction on drug
distribution charges. His conviction and sentence were affirmed by us on appeal, and he

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thereafter petitioned for a writ of certiorari. On January 24, 2005, the Supreme Court
entered an order granting certiorari, vacating the judgment, and remanding the case to this
Court for further consideration in light of United States v. Booker, 543 U.S. , 125 S.Ct.
738 (2005).
Having determined that the sentencing issues appellant raises are best determined
by the District Court in the first instance, we will remand to the District Court for
resentencing in accordance with Booker. Appellant raises no challenge to his conviction
and we will, again, affirm the judgment of conviction.

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