United States of America v. Damon Dunbar

*The Honorable Karl S. Forester, United States District Judge for the Eastern District of Kentucky, sitting by
designation.
RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 05a0248p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
UNITED STATES OF AMERICA ,
Plaintiff-Appellee,
v.
DAMON DUNBAR ,
Defendant-Appellant.
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No. 02-1766
Filed: June 8, 2005
Before: MOORE and ROGERS, Circuit Judges; FORESTER, District Judge.*
_________________
ORDER
_________________
On February 9, 2004, this court issued an opinion affirming Defendant Damon Dunbar’s
conviction and sentence. United States v. Dunbar, 357 F.3d 582 (6th Cir. 2004). On January 24,
2005, the United States Supreme Court granted Dunbar’s petition for a writ of certiorari, vacated
the judgment of this court, and remanded to this court for further consideration in light of United
States v. Booker, 543 U.S. ___, 125 S. Ct. 738 (2005). Dunbar v. United States, ___ U.S. ___, 125
S. Ct. 1029 (2005). We reinstate our opinion of February 9, 2004, affirming Dunbar’s conviction,
with the exception of Part II.B. With respect to Dunbar’s sentence, we vacate the judgment and
sentence of the district court, and remand to the district court for resentencing in accordance with
Booker.
ENTERED BY ORDER OF THE COURT
/s/ Leonard Green
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Clerk
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