United States of America v. Aaron Geddes

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-2802
UNITED STATES OF AMERICA
v.
AARON GEDDES
On Appeal from the United States District Court
for the District of New Jersey
(D.C. No. 02-cr-00705)
District Judge: The Honorable Mary L. Cooper
On Remand from the United States Supreme Court
(S.Ct. No. 04-6264)
Before: SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge
ORDER
_______
Appellant’s petition for panel rehearing is granted. The Court’s Order of April 6,
2005 is hereby vacated.
Appellant was convicted of possession of a weapon by a convicted felon in
violation of 18 U.S.C. §922(g)(1). He was sentenced to a term of imprisonment of 110
months. We affirmed the conviction and sentence by opinion filed June 2, 2004.
Appellant petitioned the United State Supreme Court for a writ of certiorari which was

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granted by order entered January 24, 2005. The Court vacated the judgment of this Court
and remanded for further consideration in light of United States v. Booker, 543 U.S. ,
125 S.Ct. 738 (2005).
Upon further consideration, we reaffirm our prior decision with respect to the
judgment of conviction. Appellant has requested that we remand the matter to the
District Court for resentencing in light of Booker. We have determined that the
sentencing issues Appellant raises are best determined by the District Court in the first
instance. Accordingly, we will vacate the judgment of sentence and remand for
reconsideration and, if that Court deems it appropriate, for resentencing in accordance
with Booker.
BY THE COURT:
/s/ Julio M. Fuentes
Circuit Judge
Dated: June 2, 2005
ARL/cc: JSF; GSL; DBL; RS

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