UNITED STATES of America, Plaintiff-Appellee,
v.
James Shannon OLIVER, Defendant-Appellant.
No. 03-5586.
United States Court of Appeals, Sixth Circuit.
July 12, 2005.
U.S. Attorney's Office, Lexington, KY, for Plaintiff-Appellee.
John Kevin West, Jason Rapp, McCoy, West, Franklin & Beal, Lexington, KY, for Defendant-Appellant.
Before: SILER, BATCHELDER, and ROGERS, Circuit Judges.
ORDER
On November 29, 2004, this court issued an opinion affirming Defendant James Oliver's sentence for possession of a semiautomatic assault weapon. United States v. Oliver, 390 F.3d 482 (6th Cir.2004). On April 25, 2005, the United States Supreme Court granted Oliver's petition for a writ of certiorari, vacated the judgment of this court, and remanded to this court for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005). Oliver v. United States, ___ U.S. ___, 125 S. Ct. 1950, 161 L. Ed. 2d 766 (2005). We reinstate our opinion of November 29, 2004, holding that the firearm possessed by Oliver met the applicable statutory definition of a semiautomatic assault weapon, as defined by 18 U.S.C. § 921(a)(30). With respect to Oliver's sentence, we vacate the judgment and sentence of the district court, and remand to the district court for resentencing in accordance with Booker.
