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128 F. App'x 295

United States v. Wright

U.S. Courts of Appeals

Decided May 11, 2005

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U.S. Courts of Appeals · decided 2005-05-11

Applies 18 U.S.C. § 2114

Relies on United States v. Booker

Decided 2005-05-11

¶1 OPINION

FUENTES, Circuit Judge.

¶2 Larry Wright pled guilty to a one count information charging him with robbery of a United States Post Office, in violation of 18 U.S.C. §§ 2114(a) and (2). The District Court sentenced Wright, pursuant to the United States Sentencing Guidelines, to a 150 month term of imprisonment. Wright received a four level enhancement for “otherwise using” a dangerous weapon while committing the offense in Count One of the information. On appeal, he challenges his sentence under United States v. Book er, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

¶3 Having determined that the sentencing issues appellant raises are best determined by the District Court in the first instance, we will vacate the sentence and remand for resentencing in accordance with Booker. Wright raises no challenge as to his conviction and accordingly has waived any argument in this regard.

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