UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4812
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARC DARNELL DOANE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge. (CR-
04-6-RDB)
Submitted: January 31, 2005 Decided: February 11, 2005
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished per
curiam opinion.
Franklin Warner Draper, IV, Assistant Federal Public Defender,
Baltimore, Maryland; James Wyda, Federal Public Defender, Lauren
Elizabeth Case, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt,
Maryland, for Appellant. Thomas Michael DiBiagio, United States
Attorney, George Levi Russell, III, OFFICE OF THE UNITED STATES
ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marc Darnell Doane pled guilty on June 10, 2004, to
possession of a firearm after conviction of a felony, in violation
of 18 U.S.C. § 922(g)(1) (2000). Doane was sentenced on September
17, 2004, to forty-one months imprisonment to be followed by three
years of supervised release. The district court also specified an
alternative sentence of thirteen months imprisonment pursuant to
this Court’s recommendation in United States v. Hammoud, 378 F.3d
426 (4th Cir. 2004) (order), opinion issued by 381 F.3d 316, 353-54
(4th Cir. 2004) (en banc), cert. granted and judgment vacated, 73
U.S.L.W. 3436, 2005 WL 124093 (U.S. Jan. 24, 2005) (No. 04-193).
Doane appealed, challenging the constitutionality of the
federal sentencing scheme in light of the Supreme Court’s decision
in Blakely v. Washington, 124 S. Ct. 2531 (2004). The case was
held in abeyance pending decision in United States v. Booker, 125
S. Ct. 738 (2005). That opinion has now issued, and applies the
Court’s reasoning in Blakely to the federal sentencing guidelines.
Doane now moves for an expedited remand of this case to
the district court to implement the alternative sentence previously
announced by the district court. Counsel notes that Doane has
already served more time than the district court set forth in the
alternative sentence. We grant Doane’s motion for remand to allow
the district court to reconsider Doane’s sentence in light of the
Booker decision and United States v. Hughes, __ F.3d __, __, 2005
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WL 147059, at *3-*4 (4th Cir. Jan. 24, 2005) (No. 03-4172)
(discussing post-Booker sentencing). Doane states that the
sentencing issue is the only one he would pursue on appeal.
Therefore, we affirm his conviction, vacate the sentence imposed by
the district court, and remand for reconsideration of the sentence.
The mandate shall issue forthwith.
AFFIRMED IN PART,
VACATED IN PART, AND REMANDED
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