United States v. Gunter

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Criminal No. 04-cr-00295-01) District Judge: Honorable James T. Giles

The opinion of the court was delivered by: Franklin S. Van Antwerpen Circuit Judge

Opinion and Judgment Entered June 9, 2008

Petition for Writ of Certiorari Granted April 27, 2009

Submitted on Remand from the Supreme Court of the United States June 16, 2009

Before: FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.

JUDGMENT ORDER

Appellant's conviction is AFFIRMED. The judgment of sentence entered by the District Court is VACATED and this case is REMANDED to the District Court for sentencing in light of Spears v. United States, 129 S. Ct. 840, 555 U.S. ---- (2009).

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