Citation Codes Equivalent Citations citation codes Docket Number No. 05-2723. Attorney(S) Eric Pfisterer, Office Of United States Attorney, Harrisburg, PA, for United States Of America. Stephen C. Smith, Lock Haven, PA, for Appellant. Judges Michael A. Chagares See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America v. Tye DAVIS, Appellant. OPINION OF THE COURT CHAGARES, Circuit Judge. Appellant Tye Davis appeals his sentence stemming from his participation in a drug-trafficking conspiracy. Whereas the Government concedes that the District Court wrongfully applied a mandatory Guideline regime in sentencing Tye Davis, we will remand for resentencing in accordance with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This Court notes that the defendant also contends that there is an outstanding motion to suppress still pending before the District Court.