Opinion
No. 06-13139.
February 20, 2009.
Gwendolyn L. Spivey, Randolph P. Murrell, William Rourk Clark, Jr., Ofc. of the Federal Public Defender, Tallahassee, FL, for Defendants-Appellant.
Terry Flynn, U.S. Attorney's Office, N.D. of Florida, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.
Appeal from the United States District Court for the Northern District of Florida. D.C. Docket No. 05-00004-CR-4-RH-WCS.
On Remand from the Supreme Court of the United States.
Before CARNES, WILSON and HILL, Circuit Judges.
We have this case on remand from the Supreme Court for reconsideration in light of Chambers v. United States, ___ U.S. ___, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009). On February 6, 2009, we ordered the parties to file letter briefs addressing the effect of Chambers upon this case. The parties have done so and this appeal is now ripe for disposition.
The United States has indicated in its letter brief that it no longer seeks to enhance Mr. Taylor's sentence under the Armed Career Criminal Act (the "ACCA") 18 U.S.C. § 924(e), and that it consents to the vacation of his sentence and remand for resentencing without the enhancement provided by the ACCA.
Accordingly, we shall vacate Defendant's sentence and remand for resentencing.
VACATED AND REMANDED FOR RESENTENCING.