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U.S. v. Johnson

United States Court of Appeals, Second Circuit
Jan 3, 2008
259 F. App'x 360 (2d Cir. 2008)

Opinion

No. 06-4001-cr.

January 3, 2008.

Appeal from a judgment of the United States District Court for the District of Connecticut (Janet Bond Arterton, Judge).

Charles F. Willson, Nevins Nevins LLP, East Hartford, CT, for Appellant.

Edward T. Kang, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney, on the brief; William J. Nardini, of counsel), United States Attorney's Office for the District of Connecticut, New Haven, CT, for Appellee.

Present: JOHN M. WALKER, JR., JOSE A. CABRANES and ROBERT D. SACK, Circuit Judges.


SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the sentence is hereby VACATED and the matter REMANDED for resentencing in accordance with this Order.

Defendant-appellant John Johnson pled guilty to possession with intent to distribute five or more grams of cocaine. The District Court sentenced Johnson principally to 156 months of imprisonment. On appeal, Johnson challenges the reasonableness of the sentence imposed upon him.

Without intimating any view on the reasonableness vel non of the sentence imposed by the District Court, we remand this case for plenary reconsideration of the sentence imposed in accordance with the Supreme Court's recent decisions, Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), and Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

The mandate shall issue forthwith.


Summaries of

U.S. v. Johnson

United States Court of Appeals, Second Circuit
Jan 3, 2008
259 F. App'x 360 (2d Cir. 2008)
Case details for

U.S. v. Johnson

Case Details

Full title:UNITED STATES of America, Appellee, v. John JOHNSON, Defendant-Appellant

Court:United States Court of Appeals, Second Circuit

Date published: Jan 3, 2008

Citations

259 F. App'x 360 (2d Cir. 2008)

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