USA v. Thomas


Per Curiam OPINION filed: Thomas has moved for rehearing, asking that we vacate his sentence and remand to the district court for re-sentencing. [3014472-2] ....Because there is no clear and specific evidence that the district court would have imposed the same sentence post-Booker, Thomas's case must be REMANDED for the district court to re-sentence him under the procedures set out in Booker. See also United States v. McFalls, 675 F.3d 599, 604-05 (6th Cir. 2012). Decision not for publication. Danny J. Boggs and Martha Craig Daughtrey, Circuit Judges.

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Case: 02-2391 Document: 006111615938 Filed: 03/08/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: March 08, 2013 Mr. Andrew Goetz Mr. Daniel L. Lemisch Mr. William J. Winters III Re: Case No. 02-2391, USA v. Thomas Originating Case No. : 00-80736 Dear Counsel, The Court issued the enclosed Per Curiam Opinion today in this case. Sincerely yours, s/Beverly L. Harris En Banc Coordinator Direct Dial No. 513-564-7077 cc: Mr. David J. Weaver Enclosure Mandate to issue

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