United States of America v. Tyrone Bentley, a/k/a TYRONE HARRIS Tyrone Bentley

*The Honorable Arthur L. Alarcón, Senior Judge, United States Court of Appeals
for the Ninth Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 03-1935
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UNITED STATES OF AMERICA
v.
TYRONE BENTLEY,
a/k/a TYRONE HARRIS
Tyrone Bentley,
Appellant
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On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 97-cr-00445)
District Judge: The Honorable Stewart Dalzell
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Submitted Under Third Circuit LAR 34.1(a)
May 28, 2004
Before: SCIRICA, Chief Judge, FISHER and ALARCÓN,* Circuit Judges.
(Filed June 2, 2004)
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OPINION OF THE COURT
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FISHER, Circuit Judge.
Tyrone Bentley claims, for the first time on this appeal, that he should not have
received a two-level upward adjustment in his offense level pursuant to U.S.S.G. § 3C1.2.
The standard of review is plain error. Fed. R. Crim. P. 52(b); United States v. Torres, 209
F.3d 308, 313 (3d Cir. 2000).
The government concedes that the sentencing enhancement pursuant to U.S.S.G.
§ 3C1.2 should not have been applied in this case, as the defendant was fleeing from
armored car employees, not law enforcement officials.
The government agrees that the erroneous application of § 3C1.2 warrants a
remand to permit resentencing. We will therefore vacate the judgment of sentence in this
case and remand the matter for resentencing.
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