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UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4853 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. AUNDRA LOGAN, Defendant ­ Appellant.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 Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.

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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

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