Professional Documents
Culture Documents
No. 05-4901
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (5:03-cr-00006-3)
Submitted:
Decided:
PER CURIAM:
Baxter James pled guilty to conspiracy to possess with
intent to distribute methamphetamine, in violation of 21 U.S.C.
841(a)(1), 846 (2000).
seventy
months
imprisonment
and
recommended
an
alternative
attorneys
failure
to
appeal
his
sentence
under
United
The
- 2 -
We directed the
parties to file supplemental briefs addressing whether the seventymonth guidelines sentence, re-imposed by the district court after
Booker
issued,
remains
operable.
The
parties
submitted
sentence
should
resentencing.
be
vacated
and
the
matter
remanded
for
See United States v. Blick, 408 F.3d 162, 168 (4th Cir.
2005).
Furthermore, although this Court is not at liberty to vacate
and remand for resentencing on the Governments concession of error
alone, United States v. Rodriguez, 433 F.3d 411, 414-15 n.6 (4th
Cir. 2006) (citations omitted), we find that the district courts
alternative sentence provides a nonspeculative basis for concluding
that
the
courts
treatment
of
the
sentencing
guidelines
by
the
as
See
district
court
and
- 3 -
remand
for
re-sentencing
- 4 -