United States of America v. Mark G. Siramur

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-1912
UNITED STATES OF AMERICA
v.
MARK G. SIRAMUR,
Appellant
On Appeal from the United States District Court
for the Western District of Pennsylvania
D.C. Criminal No. 96-cr-00030
(Honorable Terrence F. McVerry)
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 7, 2005
Before: SCIRICA, Chief Judge, ROTH and BECKER, Circuit Judges
(Filed March 30, 2005)
OPINION OF THE COURT
SCIRICA, Chief Judge.
Appellant Mark Siramur pled guilty to one count of conspiracy to distribute more
than 100 kilograms of marijuana in violation of 21 U.S.C. § 846. The District Court

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sentenced Siramur to 60 months in prison followed by three years of supervised release.
Siramur does not challenge his conviction.
Appellant 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 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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