Testo completo
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2585
UNITED STATES OF AMERICA
v.
ROLAND AMOS
Appellant
On Appeal from the United States District Court
for the District of New Jersey
(D.N.J. Criminal No. 03-774)
District Judge: Honorable John W. Bissell
Submitted Under Third Circuit L.A.R. 34.1(a)
April 21, 2005
Before: ROTH, FUENTES, and STAPLETON,
Circuit Judges.
(Filed: May 4, 2005)
____
OPINION OF THE COURT
FUENTES, Circuit Judge.
Roland Amos pled guilty to distribution, and possession with intent to distribute, more
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than 5 grams of crack cocaine. Amos’ sentence was enhanced under U.S.S.G. § 4A.1.1(e)
because the District Court determined that the offense took placed less than two years after
his release from custody for prior offenses. Amos appeals his sentence and seeks a remand
pursuant to United States v. Booker, 543 U.S. __, 125 S. Ct. 738 (2005).
Having determined that issues with respect to Booker are best determined by the
District Court in the first instance, we vacate the sentence and remand for resentencing in
accordance with that opinion. See United States v. Davis, 2005 WL 976941 (3d Cir. Apr.
28, 2005).
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