United States of America v. Larry Wright

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-1174
UNITED STATES OF AMERICA
v.
LARRY WRIGHT
Appellant
On Appeal from the United States District Court
for the District of New Jersey
(D.C. No. 03-cr-00556)
District Judge: Honorable Jerome B. Simandle
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
Wednesday, November 3, 2004
Before: ALITO, BARRY, and FUENTES, Circuit Judges.
(Filed:May 11, 2005)
OPINION

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FUENTES, Circuit Judge.
Larry Wright pled guilty to a one count information charging him with robbery of a
United States Post Office, in violation of 18 U.S.C. §§ 2114(a) and (2) . The District Court
sentenced Wright, pursuant to the United States Sentencing Guidelines, to a 150 month term
of imprisonment. Wright received a four level enhancement for “otherwise using” a
dangerous weapon while committing the offense in Count One of the information. On
appeal, he challenges his sentence under United States v. Booker, 543 U.S. __, 125 S. Ct. 738
(2005).
Having determined that the sentencing issues appellant 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. Wright raises no challenge as to his conviction and
accordingly has waived any argument in this regard.

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