United States of America v. Kenneth Wayne Pearson

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 6, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 02-30514
_____________________
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
KENNETH WAYNE PEARSON
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Louisiana
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.
PER CURIAM:*
Defendant Kenneth Wayne Pearson argues that his sentence
should be vacated in light of United States v. Booker, 125 S. Ct.
738 (2005), and the case remanded to the district court for
resentencing. The government does not oppose a remand for the
purpose of resentencing. Accordingly, IT IS ORDERED that the

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defendant’s conviction is REINSTATED. IT IS FURTHER ORDERED that
the defendant’s sentence is VACATED and REMANDED to the United
States District Court for the Western District of Louisiana for
resentencing.

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