Opinion
No. 06-4456.
Submitted: May 29, 2009.
Decided: July 7, 2009.
On Remand from the Supreme Court of the United States. (S.Ct. No. 08-5657).
Christopher A. Davis, Davis Law Offices, Clarksburg, West Virginia, for Appellant. Sharon L. Potter, United States Attorney, Zelda E. Wesley, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee.
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Vacated and remanded by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
In United States v. Nelson, 276 Fed.Appx. 331 (4th Cir. 2008), we affirmed Lawrence W. Nelson's 360-month sentence imposed by the district court after a jury convicted Nelson of conspiracy to distribute and possess with intent to distribute more than fifty grams of crack cocaine, in violation of 21 U.S.C. § 846 (2006). Nelson filed a petition for writ of certiorari, and the Supreme Court vacated the judgment and remanded the case to us for further consideration in light of Rita v. United States, 551 U.S. 338, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007), and Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). See Nelson v. United States, ___ U.S. ___, 129 S.Ct. 890, 172 L.Ed.2d 719 (2009). Upon further consideration, we vacate Nelson's sentence and remand for resentencing consistent with the Supreme Court's decision in Nelson We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
We note that, in his original appeal, Nelson also challenged his conviction on several grounds. Because the Supreme Court's opinion remanding the case does not affect the issues Nelson raised with regard to his conviction, we reinstate our prior opinion affirming his conviction. See United States v. Nelson, 237 Fed.Appx. 819, 820-21 (4th Cir. 2007).
VACATED AND REMANDED.