United States of America v. Marchello Jimmy Loverson

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0161n.06
Filed: March 1, 2005
03-6120
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARCHELLO JIMMY LOVERSON,
Defendant-Appellant.
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ON REMAND FROM THE
UNITED STATES SUPREME COURT
Before: KENNEDY, DAUGHTREY, and COOK, Circuit Judges.
PER CURIAM. The defendant, Marchello Jimmy Loverson, appealed his sentence
to this court, challenging the four-level enhancement imposed by the district court pursuant
to USSG § 2B3.1(b)(4)(A) for commission of an abduction in connection with the underlying
offense of car-jacking. We affirmed the district court’s sentencing order, in a decision
released prior to the Supreme Court’s recent opinion in United States v. Booker, 543 U.S.
___, 125 S.Ct. 738 (January 12, 2005). On January 24, 2005, the Supreme granted the
defendant’s application for a writ of certiorari, vacated our judgment, and remanded the
case to us for reconsideration under Booker.
Upon reconsideration, we conclude that the district court’s sentencing order must
be vacated and the case remanded for re-sentencing.

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03-6120
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SO ORDERED.

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