120 F. App'x 412

UNITED STATES of America, Appellee, v. Chris W. PAIGE, Defendant-Appellant.

No. 04-2674.

United States Court of Appeals, Second Circuit.

Feb. 10, 2005.

Elizabeth D. Mann, Assistant Federal Public Defender, District of Northern New York and Vermont, Burlington, VT (Alexander Bunin, Federal Public Defender, and Molly Corbett, Research and Writing Specialist, on the brief), for Appellant.

David V. Kirby, Acting United States Attorney, District of Vermont, Burlington, VT (Barbara A. Master son, Assistant United States Attorney, on the brief), for Appellee.

Present: JACOBS, CALABRESI, Circuit Judges, and RAKOFF, District *413Judge.*

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case be REMANDED for further proceedings.

Chris W. Paige, Jr. appeals from a judgment entered on May 6, 2004 in the United States District Court for the District of Vermont (Sessions, III, C.J.), convicting him by guilty plea of engaging in an unlawful interstate firearm transaction and unlawfully possessing a firearm, in violation of 18 U.S.C. § 922(a)(5), (g)(3). Paige was sentenced to 30 months’ imprisonment on each count, to run concurrently, two years’ supervised release, and a $200 special assessment.

1. The district court did not err in calculating Paige’s Guidelines sentence. See United States v. Spurgeon, 117 F.3d 641, 644 (2d Cir.1997).

2. Paige’s sentence violated the Sixth Amendment. See United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 755-56, 160 L.Ed.2d 621 (2005).

For the foregoing reasons, this case is REMANDED for further proceedings consistent with this Court’s opinion in United States v. Crosby, No. 03-1675, 397 F.3d 103, 2005 U.S.App. LEXIS 1699 (2d Cir. Feb. 2, 2005).

United States v. Paige
120 F. App'x 412

Case Details

Name
United States v. Paige
Decision Date
Feb 10, 2005
Citations

120 F. App'x 412

Jurisdiction
United States

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