UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4853
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
AUNDRA LOGAN,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
District Judge. (5:08-cr-00020-D-1)
Submitted: March 23, 2010 Decided: September 10, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Richard A. McCoppin, MCCOPPIN & ASSOCIATES ATTORNEYS AT LAW,
P.A., Cary, North Carolina, for Appellant. George E. B.
Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-
Parker, Assistant United States Attorneys, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Aundra Logan pled guilty without a plea agreement to
escape from custody, in violation of 18 U.S.C. § 751(a) (2006).
The district court determined that Logan was a career offender
under the Sentencing Guidelines, see U.S. Sentencing Guidelines
Manual § 4B1.1 (2007), and sentenced him to 36 months’
imprisonment. Logan appeals his sentence, arguing that it
should be vacated and the case remanded for resentencing in
light of the Supreme Court’s decision in Chambers v. United
States, 129 S. Ct. 687 (2009). The Government does not oppose
Logan’s request.
We grant Logan’s request for remand to allow the
district court to reconsider Logan’s sentence in light of
Chambers. Logan’s appellate brief indicates that he raises no
issues on appeal other than a challenge to his designation as a
career offender. Therefore, we affirm his conviction, vacate
the sentence imposed by the district court, and remand for
resentencing. 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.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED
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