Filed: May 22, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4057 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN DAVIE, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cr-00051-1) Submitted: April 10, 2008 Decided: May 22, 2008 Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4057 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN DAVIE, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cr-00051-1) Submitted: April 10, 2008 Decided: May 22, 2008 Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge. Vacated and remanded by unpublished per curiam opinion...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4057
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADRIAN DAVIE,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:07-cr-00051-1)
Submitted: April 10, 2008 Decided: May 22, 2008
Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit
Judge.
Vacated and remanded by unpublished per curiam opinion.
Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,
Appellate Counsel, Lex A. Coleman, Assistant Federal Public
Defender, Charleston, West Virginia, for Appellant. Lisa Grimes
Johnston, OFFICE OF THE UNITED STATES ATTORNEY, Huntington, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Adrian Davie pled guilty to possession with intent to
distribute cocaine base and was sentenced to fifty-seven months of
imprisonment. The district court rejected Davie’s request for a
variance sentence based on the sentencing disparity between crack
and powder cocaine under the Sentencing Guidelines, relying on
then-binding precedent. See United States v. Eura,
440 F.3d 625,
632-34 (4th Cir. 2006) (holding that 100:1 ratio cannot be the
basis of a variance), vacated,
128 S. Ct. 853 (2008). Because Eura
was vacated by the Supreme Court’s opinion in Kimbrough v. United
States,
128 S. Ct. 558 (2007), we grant the parties’ joint motion
to remand in light of that opinion. Accordingly we vacate and
remand for resentencing in light of Kimbrough.*
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.
VACATED AND REMANDED
*
We offer no criticism of the district court which properly
applied the relevant law at the time of sentencing.
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