US v. Nelson

Filing 920090707

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-4456

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAWRENCE W. NELSON, a/k/a Zikee, Defendant - Appellant.

On Remand from the Supreme Court of the United States. (S. Ct. No. 08-5657)

Submitted:

May 29, 2009

Decided:

July 7, 2009

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by unpublished per curiam opinion.

Christopher A. Davis, DAVIS LAW OFFICES, Clarksburg, West Virginia, for Appellant. Sharon L. Potter, United States Attorney, Zelda E. Wesley, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: In United States v. Nelson, 276 F. App'x 331 (4th Cir. 2008), we affirmed Lawrence W. Nelson's 360-month sentence

imposed by the district court after a jury convicted Nelson of conspiracy to distribute and possess with intent to distribute more than § fifty 846 grams of crack cocaine, a in violation for of 21 of and

U.S.C.

(2006). the

Nelson Supreme

filed

petition the

writ

certiorari,

and

Court

vacated

judgment

remanded the case to us for further consideration in light of Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U.S. 38 (2007). Ct. 890 (2009). See Nelson v. United States, 129 S.

Upon further consideration, we vacate Nelson's

sentence and remand for resentencing consistent with the Supreme Court's decision in Nelson. 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

We note that, in his original appeal, Nelson also challenged his conviction on several grounds. Because the Supreme Court's opinion remanding the case does not affect the issues Nelson raised with regard to his conviction, we reinstate our prior opinion affirming his conviction. See United States v. Nelson, 237 F. App'x 819, 820-21 (4th Cir. 2007).

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