United States v. Silver ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4765
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY WAYNE SILVER,
Defendant - Appellant.
On Remand from the Supreme Court of the United States.
(S. Ct. No. 07-8399)
Submitted: May 2, 2008 Decided: June 10, 2008
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Thomas R. Wilson, GREEN & WILSON, P.A., New Bern, North Carolina,
for Appellant. George E. B. Holding, United States Attorney, Anne
M. Hayes, Jennifer P. May-Parker, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Wayne Silver was sentenced to 121 months of
imprisonment for conspiracy to possess with intent to distribute
more than fifty grams of cocaine base. This court vacated and
remanded on appeal, United States v. Silver, No. 05-4404 (4th Cir.
Apr. 20, 2006) (unpublished), and the district court imposed a 235-
month sentence. This court affirmed the district court’s 235-month
sentence on appeal, United States v. Silver, No. 06-4765 (4th Cir.
Sept. 20, 2007) (unpublished), and the Supreme Court vacated and
remanded to this court for further consideration in light of Gall
v. United States, 128 S. Ct. 586 (2007). See Silver v. United
States, 552 U.S. __, 128 S. Ct. 1287 (2008) (No. 07-8399).
Accordingly, we vacate Silver’s sentence and remand to the district
court for further consideration in light of Gall.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
VACATED AND REMANDED
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