US v. Robert Smith
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT JARED SMITH, a/k/a J Dog, Defendant - Appellant.
On Remand from the Supreme Court of the United States. (S. Ct. No. 08-8197)
November 30, 2009
December 18, 2009
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Barron Michael Helgoe, VICTOR VICTOR & HELGOE LLP, Charleston, West Virginia, for Appellant. Monica Kaminski Schwartz, Assistant United States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: In 2000, a jury convicted Robert Jared Smith of
conspiracy to distribute fifty grams or more of cocaine base, in violation of 21 U.S.C. § 846 (2006), and aiding and abetting possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2006) and 18 U.S.C. § 2 (2006). district court sentenced Smith to life in prison on The the
conspiracy count and a concurrent twenty-year prison term on the possession affirmed with intent to distribute but count. his On appeal, we and
remanded for resentencing on the ground that the district court abused its discretion by applying a leadership role enhancement pursuant to U.S. Sentencing Guidelines Manual § 3B1.1 (1999). United States v. Sayles, 296 F.3d 219, 227 (4th Cir. 2002). Following Smith's objections him a to hearing, the the the district role court sustained and USSG
resentenced § 3B1.1.
Thus, his offense level was reduced from 42 to 38.
Based on an offense level of 38 and criminal history category IV, Smith's guidelines range on the conspiracy count was 324 to 405 months in prison. the conspiracy count The court sentenced him to 405 months on and to a concurrent 240 months on the
possession with intent to distribute count.
Smith appealed, and
United States v. Smith, 98 F. App'x 962 (4th Cir.
2004) (No. 02-4928). Smith subsequently filed a 28 U.S.C.A. § 2255 (West Supp. 2009) motion, which the district court denied. One of the
issues that arose during Smith's § 2255 proceedings concerned appellate counsel's failure to file a petition for writ of
certiorari as requested in United States v. Smith, 98 F. App'x 962 (4th Cir. 2004). We construed Smith's § 2255 motion as a
motion to recall the mandate in Smith, 98 F. App'x 962, recalled the mandate, and reentered the judgment to permit Smith to file a timely petition for certiorari to the United States Supreme Court. United States v. Smith, 321 F. App'x 229 (4th Cir. 2008) The Supreme Court subsequently granted Smith's certiorari, vacated this court's judgment, and
(No. 07-6358). petition for
remanded his case for further proceedings in light of United States v. Booker, 543 U.S. 220 (2005). 129 S. Ct. 2763 (2009). In light of the vast changes in the legal landscape that have occurred in the seven years since the district court resentenced Smith, we vacate Smith's sentence and remand for resentencing in light of Booker and its progeny. We dispense Smith v. United States,
with oral argument because the facts and legal contentions are
argument would not aid the decisional process.
VACATED AND REMANDED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?