Testo completo
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-1605
UNITED STATES OF AMERICA
v.
JEROME CARTWRIGHT,
Appellant
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On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. No. 01-cr-00190)
District Judge: Honorable Petrese B. Tucker
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
January 18, 2006
Before: ROTH, FUENTES and BECKER, Circuit Judges
(Filed: January 23, 2006)
OPINION
BECKER, Circuit Judge.
Jerome Cartwright appeals from the sentence imposed following his conviction by
a jury on drug and firearms charges. The sentence of 144 months was calculated in part
on the basis of a two level increase in his base offense following a judicial finding that
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Cartwright has obstructed justice. Cartwright challenges the sentence under United
States v. Booker, 125 S. Ct. 738 (2005), inasmuch as these findings were not made by a
jury or admitted by the defendant. Having determined that the sentencing issues that
Cartwright 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. See United
States v. Davis, 407 F.3d 162 (3d Cir. 2005) (en banc).
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