UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
June 2, 2005
UNITED STATES OF AMERICA
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
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 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.
Julio M. Fuentes Circuit Judge
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