United States v. Davis

Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
3-6-2008
USA v. Davis
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-2723
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008
Recommended Citation
"USA v. Davis" (2008). 2008 Decisions. Paper 1472.
http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1472
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-2723
UNITED STATES OF AMERICA
v.
TYE DAVIS
Appellant.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(No. 04-cr-00040-1)
District Judge: Hon. Sylvia H. Rambo
Submitted Under Third Circuit LAR 34.1(a)
February 1, 2008
Before: RENDELL and CHAGARES, Circuit Judges, and POLLAK,* District Judge.
(Filed: March 6, 2008)
OPINION OF THE COURT
CHAGARES, Circuit Judge.
*
Honorable Louis H. Pollak, Senior Judge of the United States District Court
for the Eastern District of Pennsylvania, sitting by designation.
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
(2005).2
2
This Court notes that the defendant also contends that there is an
outstanding motion to suppress still pending before the District Court.
2