United States v. Vitiello, 03-4842 (2005)
Court: Court of Appeals for the Third Circuit
Number: 03-4842
Visitors: 19
Filed: Apr. 26, 2005
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 4-26-2005 USA v. Vitiello Precedential or Non-Precedential: Non-Precedential Docket No. 03-4842 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Vitiello" (2005). 2005 Decisions. Paper 1315. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1315 This decision is brought to you for free and open access by the Opinions of the United
Summary: Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 4-26-2005 USA v. Vitiello Precedential or Non-Precedential: Non-Precedential Docket No. 03-4842 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Vitiello" (2005). 2005 Decisions. Paper 1315. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1315 This decision is brought to you for free and open access by the Opinions of the United S..
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Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
4-26-2005
USA v. Vitiello
Precedential or Non-Precedential: Non-Precedential
Docket No. 03-4842
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005
Recommended Citation
"USA v. Vitiello" (2005). 2005 Decisions. Paper 1315.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1315
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-4842
UNITED STATES OF AMERICA
v.
WINSTON VITIELLO,
Appellant
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
D.C. Crim. No. 03-cr-00313
District Judge: The Honorable Faith S. Hochberg
Submitted Under Third Circuit LAR 34.1(a)
November 2, 2004
Before: ALITO, BARRY, and FUENTES, Circuit Judges
(Opinion Filed: April 26, 2005)
OPINION
BARRY, Circuit Judge
Winston Vitiello entered a plea of guilty pursuant to a plea agreement with the
United States and was sentenced in accordance with the Sentencing Guidelines. The only
issues raised by either party relate to the District Court’s interpretation and application of
the Sentencing Guidelines. In the wake of the Supreme Court’s decision in United States
v. Booker, 543 U.S. __,
125 S. Ct. 738 (2005), this Court has determined that sentencing
issues are best determined by the District Court in the first instance. Accordingly,
although we will affirm the conviction, we will vacate the sentence and remand for
resentencing in accordance with Booker.
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