United States of America v. Eric Lamar Wormsley, a/k/a Michael Wormsley, a/k/a Michael Wallace Eric Lamar Wormsley

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-3384
UNITED STATES OF AMERICA
v.
ERIC LAMAR WORMSLEY,
a/k/a Michael Wormsley,
a/k/a Michael Wallace
Eric Lamar Wormsley,
Appellant
On Appeal from the United States District Court
for the Western District of Pennsylvania
D.C. Criminal No. 02-cr-00203
(Honorable Maurice B. Cohill, Jr.)
Argued February 9, 2004
Decided May 18, 2004
Certiorari Granted January 24, 2005
Judgment Vacated and Remanded from the
Supreme Court of the United States
January 24, 2005
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 16, 2005

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Before: SCIRICA, Chief Judge, ROTH and McKEE, Circuit Judges
(Filed May 27, 2005)
OPINION OF THE COURT
SCIRICA, Chief Judge.
Appellant Eric Lamar Wormsley pled guilty to one count of being a convicted
felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and one count of
possession of heroin with intent to distribute, in violation of 18 U.S.C. § 841(a)(1). The
District Court sentenced Wormsley to 80 months in prison. Wormsley timely appealed
his sentence to this Court, but did not challenge his conviction.
In United States v. Schnupp, 368 F.3d 331 (3d Cir. 2004), we affirmed his
sentence. The Supreme Court granted certiorari. In Wormsley v. United States, 125 S.
Ct. 1055 (Jan. 24, 2005), the Supreme Court vacated the judgment and remanded for
further consideration in light of United States v. Booker, 543 U.S. - -, 125 S. Ct. 738
(2005).
On remand to this Court, appellant challenges his sentence under Booker. 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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