United States of America v. Taiwan Austin

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-2659
UNITED STATES OF AMERICA
v.
TAIWAN AUSTIN,
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
D.C. Criminal No. 01-cr-00291-1
(Honorable William W. Caldwell)
Submitted Pursuant to Third Circuit LAR 34.1(a)
October 26, 2004
Before: SCIRICA, Chief Judge, FISHER and BECKER, Circuit Judges
(Filed: April 13, 2005)
OPINION OF THE COURT
SCIRICA, Chief Judge.
Appellant Taiwan Austin pled guilty to unlawful possession of cocaine base with
intent to distribute in violation of 21 U.S.C. § 841(a)(1). The District Court sentenced

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We note that the government does not object to Austin’s request for resentencing.1
See Gov’t’s Letter of March 3, 2005 (“it would seem appropriate in this case that the
district court, in light of Booker, be permitted to revisit the question of what would be an
appropriate sentence to impose”).
2
Austin to 240 months in prison, three years supervised release, a $2000 fine, and a $100
special assessment. He does not contest his conviction or guilty plea.
Austin challenges his sentence under United States v. Booker, 543 U.S. - -, 125 S.
Ct. 738 (2005). Having determined that the sentencing issues appellant raises are best1
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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