UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
June 24, 2009
UNITED STATES OF AMERICA,
JOHNNY GUNTER, APPELLANT
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.
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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