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U.S. v. DAVIS

United States Court of Appeals, Third Circuit.

Mar 6, 2008

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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.