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United States v. Newman

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 17, 2005

UNITED STATES OF AMERICA
v.
PRAYLOR NEWMAN APPELLANT

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Crim. No. 02-cr-00539-01. District Judge: Honorable J. Curtis Joyner.

The opinion of the court was delivered by: Joseph F. Weis, Jr. United States Circuit Judge

Submitted Under Third Circuit L.A.R. 34.1(a) July 16, 2004

Before: SLOVITER, BARRY and WEIS, Circuit Judges.

ORDER

The Petition for Panel Rehearing filed by appellant is hereby granted. We reaffirm the judgment of conviction.

Appellant challenges his sentence under United States v. Booker, 543 U.S. __, 125 S.Ct. 738 (2005). 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 sentence and remand for re-sentencing in accordance with Booker.

We also recommend that new counsel be appointed for appellant on remand.

The mandate shall issue forthwith.

20050517

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