United States of America v. Ashley Coleman

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2703
UNITED STATES OF AMERICA
v.
ASHLEY COLEMAN,
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
D.C. Criminal No. 1:03-CR-0349-01
(Honorable Sylvia H. Rambo)
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 19, 2005
Before: ROTH, FUENTES, and BECKER, Circuit Judges
(Filed: April 27, 2005)
OPINION OF THE COURT
BECKER, Circuit Judge.

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Appellant Ashley Coleman pled guilty to one count of perjury in violation of 18
U.S.C. § 1621(1). The District Court sentenced Coleman to 46 months in prison, followed
by two years of supervised release. Coleman does not challenge her conviction.
Appellant challenges her 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.

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