United States of America v. Winston Vitiello

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-4842
UNITED STATES OF AMERICA
v.
WINSTON VITIELLO,
Appellant
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
D.C. Crim. No. 03-cr-00313
District Judge: The Honorable Faith S. Hochberg
Submitted Under Third Circuit LAR 34.1(a)
November 2, 2004
Before: ALITO, BARRY, and FUENTES, Circuit Judges
(Opinion Filed: April 26, 2005)
OPINION
BARRY, Circuit Judge
Winston Vitiello entered a plea of guilty pursuant to a plea agreement with the
United States and was sentenced in accordance with the Sentencing Guidelines. The only

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issues raised by either party relate to the District Court’s interpretation and application of
the Sentencing Guidelines. In the wake of the Supreme Court’s decision in United States
v. Booker, 543 U.S. __, 125 S. Ct. 738 (2005), this Court has determined that sentencing
issues are best determined by the District Court in the first instance. Accordingly,
although we will affirm the conviction, we will vacate the sentence and remand for
resentencing in accordance with Booker.

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