Filed: May 19, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-3681 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * [UNPUBLISHED] Brandon Leroy Stockdall, * * Appellant. * _ Submitted: May 10, 2005 Filed: May 19, 2005 _ Before WOLLMAN, BRIGHT, and BYE, Circuit Judges. _ PER CURIAM. Brandon Leroy Stockdall appeals from the sentence of 130 months of imprisonment imposed following his plea of guilty to a charge of
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-3681 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Southern District of Iowa. * [UNPUBLISHED] Brandon Leroy Stockdall, * * Appellant. * _ Submitted: May 10, 2005 Filed: May 19, 2005 _ Before WOLLMAN, BRIGHT, and BYE, Circuit Judges. _ PER CURIAM. Brandon Leroy Stockdall appeals from the sentence of 130 months of imprisonment imposed following his plea of guilty to a charge of p..
More
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-3681
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Southern District of Iowa.
* [UNPUBLISHED]
Brandon Leroy Stockdall, *
*
Appellant. *
___________
Submitted: May 10, 2005
Filed: May 19, 2005
___________
Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.
___________
PER CURIAM.
Brandon Leroy Stockdall appeals from the sentence of 130 months of
imprisonment imposed following his plea of guilty to a charge of possession with
intent to distribute methamphetamine, a violation of 21 U.S.C. ยง 841(a)(1) and
841(b)(1)(B). In light of the fact that Stockdall preserved his challenge to the
constitutionality of the United States Sentencing Guidelines, the government has
moved that the case be remanded for resentencing. The motion is granted, and the
case is remanded to the district court for resentencing in accordance with the holding
in United States v. Booker,
125 S. Ct. 738 (2005).
______________________________