United States v. Martin ( 2005 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
May 23, 2005
TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee, No. 04-1348
v. (D. Colorado)
TERRELLE VINSON MARTIN, (D.C. No. 03-CR-252-D)
Defendant - Appellant.
ORDER AND JUDGMENT *
Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.
Defendant Terrelle Vinson Martin was convicted after a jury trial of
unlawful possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g).
Because Defendant has multiple prior felony convictions, he was designated an
armed career criminal. See 18 U.S.C. § 924(e). His resulting total offense level,
33, and criminal history category, VI, yielded a guidelines range of 235-293
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument. This order and judgment is
not binding precedent, except under the doctrines of law of the case, res judicata,
and collateral estoppel. The court generally disfavors the citation of orders and
judgments; nevertheless, an order and judgment may be cited under the terms and
conditions of 10th Cir. R. 36.3.
months’ imprisonment. The district court sentenced Defendant to the 235-month
minimum sentence.
Before the sentencing hearing Defendant filed a motion arguing that in
light of Blakely v. Washington, 124 S. Ct. 2531 (2004), the Sentencing Guidelines
were unconstitutional. The district court denied the motion and Defendant
appeals.
While this matter was on appeal the United States Supreme Court handed
down United States v. Booker, 125 S. Ct. 738 (2005). The government concedes
that United States v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 2005), requires
Defendant’s case to be remanded for resentencing.
We agree and REMAND to the district court for resentencing.
ENTERED FOR THE COURT
Harris L Hartz
Circuit Judge
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