United States v. James

ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4950
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBIELL DEANGELO JAMES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Margaret B. Seymour, District
Judge. (CR-03-148)
Submitted: February 16, 2005 Decided: May 20, 2005
Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Beattie B. Ashmore, PRICE, PASCHAL & ASHMORE, P.A., Greenville,
South Carolina, for Appellant. J. Strom Thurmond, Jr., United
States Attorney, E. Jean Howard, Assistant United States Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robiell Deangelo James petitions this court for rehearing
of his earlier appeal. In light of United States v. Booker, 125 S.
Ct. 738 (2005), and United States v. Hughes, 401 F.3d 540 (4th Cir.
2005), we grant the petition for rehearing and find that the
district court plainly erred in imposing a sentence that exceeded
the maximum allowed based on facts established by James’ guilty
plea. We therefore vacate the sentence and remand for resentencing
consistent with Hughes. 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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