Defendant Kenneth Wayne Pearson argues that his sentence should be vacated in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and the case remanded to the district court for resentencing. The government does not oppose a remand for the purpose of resentencing. Accordingly, IT IS ORDERED that the defendant’s conviction is REINSTATED. IT IS FURTHER ORDERED that the defendant’s sentence is VACATED and REMANDED to the United States District Court for the Western District of Louisiana for resen-tencing.
128 F. App'x 409
UNITED STATES of America, Plaintiff-Appellee v. Kenneth Wayne PEARSON, Defendant-Appellant.
No. 02-30514.
United States Court of Appeals, Fifth Circuit.
Decided May 6, 2005.
Josette Louise Cassiere, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee.
Christopher Albert Aberle, Mandeville, LA, for Defendant-Appellant.
Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.
United States v. Pearson
128 F. App'x 409
Case Details
128 F. App'x 409
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