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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-4083
UNITED STATES OF AMERICA
vs.
PRAYLOR NEWMAN
Appellant
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Crim. No. 02-cr-00539-01 )
District Judge: Honorable J. Curtis Joyner
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Submitted Under Third Circuit L.A.R. 34.1(a)
July 16, 2004
Before: SLOVITER, BARRY and WEIS, Circuit Judges.
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O R D E R
The Petition for Panel Rehearing filed by appellant is hereby granted.
We reaffirm the judgment of conviction.
Appellant challenges his sentence under United States v. Booker, 543 U.S.
__, 125 S. Ct. 738 (2005). We have determined that the sentencing issues appellant raises
are best determined by the District Court in the first instance. Accordingly, we will
vacate the sentence and remand for re-sentencing in accordance with Booker.
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We also recommend that new counsel be appointed for appellant on
remand.
The mandate shall issue forthwith.
BY THE COURT:
/s/ Joseph F. Weis, Jr.
United States Circuit Judge
Dated: May 17, 2005
ARL/cc: PN; TSS
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