US v. Aundra Logan

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00020-D-1 Copies to all parties and the district court/agency. [998422084] [08-4853]

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US v. Aundra Logan Doc. 0 Case: 08-4853 Document: 44 Date Filed: 09/10/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4853 UNITED STATES OF AMERICA, Plaintiff Appellee, v. AUNDRA LOGAN, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:08-cr-00020-D-1) Submitted: March 23, 2010 Decided: September 10, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion. Richard A. McCoppin, MCCOPPIN & ASSOCIATES ATTORNEYS AT LAW, P.A., Cary, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. MayParker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 08-4853 Document: 44 Date Filed: 09/10/2010 Page: 2 PER CURIAM: Aundra Logan pled guilty without a plea agreement to escape from custody, in violation of 18 U.S.C. 751(a) (2006). The district court determined that Logan was a career offender under the Sentencing Guidelines, see U.S. Sentencing Guidelines Manual 4B1.1 (2007), Logan and and sentenced his him to 36 months' that it in imprisonment. should light be of appeals the sentence, for arguing vacated the case remanded in resentencing v. Supreme Court's decision Chambers United States, 129 S. Ct. 687 (2009). Logan's request. We district Chambers. grant to Logan's The Government does not oppose request for remand sentence to in allow light the of court reconsider Logan's Logan's appellate brief indicates that he raises no issues on appeal other than a challenge to his designation as a career offender. the sentence Therefore, we affirm his conviction, vacate by the district court, and remand for imposed resentencing. 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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