Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
5-27-2005
USA v. Wormsley
Precedential or Non-Precedential: Non-Precedential
Docket No. 03-3384
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005
Recommended Citation
"USA v. Wormsley" (2005). 2005 Decisions. Paper 1122.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1122
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-3384
UNITED STATES OF AMERICA
v.
ERIC LAMAR WORMSLEY,
a/k/a Michael Wormsley,
a/k/a Michael Wallace
Eric Lamar Wormsley,
Appellant
On Appeal from the United States District Court
for the Western District of Pennsylvania
D.C. Criminal No. 02-cr-00203
(Honorable Maurice B. Cohill, Jr.)
Argued February 9, 2004
Decided May 18, 2004
Certiorari Granted January 24, 2005
Judgment Vacated and Remanded from the
Supreme Court of the United States
January 24, 2005
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 16, 2005
Before: SCIRICA, Chief Judge, ROTH and McKEE, Circuit Judges
(Filed May 27, 2005)
OPINION OF THE COURT
SCIRICA, Chief Judge.
Appellant Eric Lamar Wormsley pled guilty to one count of being a convicted
felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and one count of
possession of heroin with intent to distribute, in violation of 18 U.S.C. § 841(a)(1). The
District Court sentenced Wormsley to 80 months in prison. Wormsley timely appealed
his sentence to this Court, but did not challenge his conviction.
In United States v. Schnupp, 368 F.3d 331 (3d Cir. 2004), we affirmed his
sentence. The Supreme Court granted certiorari. In Wormsley v. United States, 125 S.
Ct. 1055 (Jan. 24, 2005), the Supreme Court vacated the judgment and remanded for
further consideration in light of United States v. Booker, 543 U.S. - -, 125 S. Ct. 738
(2005).
On remand to this Court, appellant challenges his sentence under Booker. 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.
2