United States of America v. Donald L. Donovan

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2405
UNITED STATES OF AMERICA
v.
DONALD L. DONOVAN,
Appellant
On Appeal from the United States District Court
for the District of Delaware
D.C. Criminal No. 03-cr-00030
(Honorable Kent A. Jordan)
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 7, 2005
Before: SCIRICA, Chief Judge, ROTH and BECKER, Circuit Judges
(Filed: March 31, 2005)
OPINION OF THE COURT
SCIRICA, Chief Judge.
Following a jury trial in the District of Delaware, appellant Donald Lee Donovan
was found guilty of eight counts of tax evasion. He was sentenced on May 7, 2004.
Donovan does not challenge his conviction.

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2
Appellant challenges his sentence under 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 vacate the sentence and
remand for resentencing in accordance with Booker.

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