US v. Gregory McNeill
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GREGORY MCNEILL, Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:03-cr-00033-AMD-1)
July 30, 2009
August 26, 2009
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion.
Barry Coburn, COBURN & COFFMAN, for Appellant. Rod J. Rosenstein, United States Attorney, Bonnie S. Greenberg, Assistant United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Gregory McNeill pled guilty to bank robbery, in
violation of 18 U.S.C. § 2113(a), (f) (2006). to 140 months' imprisonment. the district court in
He was sentenced
In fashioning McNeill's sentence, that McNeill prior was a career for
determined part on
escape from confinement and attempted escape.
This appeal was
held in abeyance for the Supreme Court's decision in Chambers v. United States, 129 S. Ct. 687 (2009). McNeill has now filed an
unopposed motion to remand his case to the district court for resentencing in light of Chambers. We grant the motion for remand to allow the district court to reconsider McNeill's sentence in light of the Chambers decision. issues on McNeill's appellate brief indicates that McNeill's appeal relate solely to the career offender
Therefore, we affirm his conviction, vacate the by the district court, and remand for
reconsideration of the sentence.
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. AFFIRMED IN PART, VACATED IN PART, AND REMANDED
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