US v. Gregory McNeill

Filing 920090826

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4356 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GREGORY MCNEILL, Defendant - Appellant.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) Submitted: July 30, 2009 Decided: 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 Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 offender, based McNeill's convictions 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 designation. sentence Therefore, we affirm his conviction, vacate the by the district court, and remand for imposed 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 2

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