Case No: 05-5032 UNITED STATES OF AMERICA v. Sherrod Young, a/k/a "G"

The Honorable William H. Yohn Jr., Senior District Judge for the Eastern District of*
Pennsylvania, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Case No: 05-5032
UNITED STATES OF AMERICA
v.
SHERROD YOUNG, a/k/a
"G",
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
District Court No.: 01-cr-00401-3
District Judge: The Honorable Edwin M. Kosik
____________________
Opinion filed February 6, 2007
Certiorari Granted by the Supreme Court of the United States January 7, 2008
Remanded by the Supreme Court of the United States February 8, 2008
Before: SMITH and ROTH, Circuit Judges,
and YOHN, District Judge*
JUDGMENT ORDER
Sherrod Young was convicted by a jury of committing several controlled substance

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offenses in February of 2003. We affirmed his conviction, but vacated his sentence of
324 months of imprisonment and remanded for resentencing in accordance with United
States v. Booker, 543 U.S. 220 (2005). The District Court resentenced Young to 210
months. Young appealed again, asserting that (1) his sentence was too severe, or “greater
than necessary,” as it was the result of an unreasonable disparity between the penalties for
crack cocaine and powder cocaine under the sentencing guidelines; and (2) the District
Court erred in quantifying the amount of crack cocaine because the evidence was not
reliable. In an opinion filed on February 2, 2007, we concluded that the District Court
“correctly applied our post-Booker sentencing process” and that the District Court did not
err in quantifying the amount of crack cocaine. Young petitioned the United States
Supreme Court for certiorari.
On January 7, 2008, the United States Supreme Court granted Young’s petition for
certiorari, vacated the judgment of this Court, and remanded the case for further
consideration in light of Kimbrough v. United States, 552 U.S. ___, 128 S.Ct. 558 (2007).
Upon further consideration of the issues raised by Sherrod Young in this matter, we
conclude that the District Court’s finding as to the quantity of crack cocaine was not
clearly erroneous. We are mindful that the United States District Court sentenced Young
without the benefit of the Supreme Court’s guidance in Kimbrough, Accordingly, it is
hereby ORDERED that the judgment of sentence imposed by the United States District
Court on November 2, 2005, be and the same hereby is VACATED. This matter is

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REMANDED for resentencing in light of Kimbrough. All the above in accordance with
this judgment order.
BY THE COURT:
/s/ D. Brooks Smith
Circuit Judge
Attest:
/s/ Marcia M. Waldron
Clerk
Dated: May 13, 2008

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