United States of America v. Paul Chance

PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4548
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL CHANCE,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
George L. Russell, III, District Judge. (1:13-cr-00365-GLR-2)
Argued: December 5, 2023 Decided: January 12, 2024
Before GREGORY, RICHARDSON, and RUSHING, Circuit Judges.
Motion granted, vacated as to Count 9, and remanded for resentencing by published order.
Judge Gregory directed entry of the order with the concurrence of Judge Richardson and
Judge Rushing.
ARGUED: Justin Eisele, SEDDIQ LAW FIRM, Rockville, Maryland, for Appellant.
Patricia Corwin McLane, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee. ON BRIEF: Michael D. Montemarano, MICHAEL D.
MONTEMARANO, P.A., Ellicott City, Maryland, for Appellant. Erek L. Barron, United
States Attorney, Brandon K. Moore, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

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ORDER
GREGORY, Circuit Judge:
At oral argument held on Tuesday, December 5, 2023, the government moved to
vacate Chance’s conviction on Count 9 of the Second Superseding Indictment in light of
the Supreme Court’s decision in United States v. Taylor, 142 S. Ct. 2015 (2022); and
remand for resentencing on the remaining counts. Chance consented to the government’s
oral motion. Upon consideration of the government’s motion, the Court grants the
government’s motion, vacates the conviction on Count 9, vacates Chance’s sentence, and
remands this case to the district court for resentencing on the remaining counts. The clerk
is directed to transmit a copy of this order to the district court.
Entered at the direction of Judge Gregory with the concurrence of Judge Richardson
and Judge Rushing.
FOR THE COURT
/s/ Roger L. Gregory
Circuit Judge

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