United States of America v. Johnny Gunter

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-1291
UNITED STATES OF AMERICA,
v.
JOHNNY GUNTER,
Appellant
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Criminal No. 04-cr-00295-01)
District Judge: Honorable James T. Giles
Opinion and Judgment Entered June 9, 2008
Petition for Writ of Certiorari Granted April 27, 2009
Submitted on Remand from the Supreme Court
of the United States June 16, 2009
Before: FISHER, JORDAN, and VAN ANTWERPEN, Circuit Judges.
JUDGMENT ORDER
Appellant’s conviction is AFFIRMED. The judgment of sentence entered by the
District Court is VACATED and this case is REMANDED to the District Court for
sentencing in light of Spears v. United States, 129 S. Ct. 840, 555 U.S. ---- (2009).
By the Court:
/s/ Franklin S. Van Antwerpen
Circuit Judge

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DATED: June 24, 2009
cc: David L. McColgin, Esq.
Francis C. Barbieri Jr., Esq.

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