United States of America v. Tye Davis

Honorable Louis H. Pollak, Senior Judge of the United States District Court*
for the Eastern District of Pennsylvania, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-2723
UNITED STATES OF AMERICA
v.
TYE DAVIS
Appellant.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(No. 04-cr-00040-1)
District Judge: Hon. Sylvia H. Rambo
Submitted Under Third Circuit LAR 34.1(a)
February 1, 2008
Before: RENDELL and CHAGARES, Circuit Judges, and POLLAK, District Judge.*
(Filed: March 6, 2008)
OPINION OF THE COURT
CHAGARES, Circuit Judge.

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This Court notes that the defendant also contends that there is an2
outstanding motion to suppress still pending before the District Court.
2
Appellant Tye Davis appeals his sentence stemming from his participation in a
drug-trafficking conspiracy. Whereas the Government concedes that the District Court
wrongfully applied a mandatory Guideline regime in sentencing Tye Davis, we will
remand for resentencing in accordance with United States v. Booker, 543 U.S. 220
(2005).2

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