March 6, 2006 Nos. 01-2399 and 03-3290 United States of America v. David Worrells

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 6, 2006
Nos. 01-2399 and 03-3290
United States of America
v.
David Worrells,
Appellant
E.D. of PA (Criminal No. 00-00313-2)
Present: FISHER and ALDISERT, Circuit Judges
Motion by Appellant For Leave to File Motion for Rehearing En Banc Out of
Time and Motion for Rehearing of Denial of Motion to Recall the Mandate and
Denial of Rehearing.
See order of 5/21/04 /s/ Charlene Crisden
See order of 1/26/06 Case Manager 267-299-4923
O R D E R
IT NOW APPEARING that all of Petitioner’s co-defendants who have appealed the
judgment of the District Court for the Eastern District of Pennsylvania at No. 00-cr-00313-2
have been successful in vacating sentences received, the last being Co-Appellant Mark Jacobs in
United States v. Mark Jacobs, No. 01-3410, on February 16, 2006,
IT IS ORDERED that Appellant’s motion for leave to file motion for panel rehearing out
of time is GRANTED, the motion for rehearing the denial of the motion to recall mandate is
GRANTED, and upon rehearing,
IT IS ORDERED that that part of the opinion previously filed in the within matter
affirming the judgment of conviction is affirmed, and that to the extent that Appellant challenges
his sentence under United States v. Booker, 543 U.S.125 S. Ct. 738 (2005), and having
determined that the sentencing issues Appellant raises are best determined by the District Court
in the first instance, we will vacate for sentencing and remand for re-sentence in accordance with
Booker.
By the Court,
/s/ D. Michael Fisher
Circuit Judge
Dated: March 16, 2006
CLC\cc: Hope C. Lefeber, Esq. Kathy A. Stark, Esq.

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