                                                                                                                           Opinions of the United
2009 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


2-26-2009

USA v. Brown
Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3227




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Recommended Citation
"USA v. Brown" (2009). 2009 Decisions. Paper 1819.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1819


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                                                                 NOT PRECEDENTIAL

                       UNITED STATES COURT OF APPEALS
                            FOR THE THIRD CIRCUIT
                                 ___________

                                     No. 06-3227
                                     ___________

                           UNITED STATES OF AMERICA

                                           v.

                                MICHAEL T. BROWN,
                                   also known as
                                 Mark Noble Brown,
                                   also known as
                                   Michael Ballard

                                   Michael T. Brown,
                                           Appellant
                                    ___________

                    On Appeal from the United States District Court
                       for the Western District of Pennsylvania

                                 (D.C. No. 03-cr-00288)
                  District Judge: The Honorable Maurice B. Cohill, Jr.
                                     ___________

                      Submitted Under Third Circuit LAR 34.1(a)
                                  October 31, 2007

                  Before: RENDELL and NYGAARD, Circuit Judges,
                            and McCLURE,* District Judge.


                               (Filed February 26, 2009)
                                     ___________


              *Honorable James F. McClure, Jr., District Judge for the United States
District Court for the Middle District of Pennsylvania, sitting by designation.
                               OPINION OF THE COURT
                                    ___________


NYGAARD, Circuit Judge.

              Pursuant to L.A.R. 27.4, the Appellant’s sentence will be vacated and this

matter will be remanded to the District Court for re-sentencing in light of the United

States Supreme Court’s recent decision in Chambers v. United States, No. 06-11206,

2009 WL 63882 (Jan. 13, 2009).

              The Government, via letter brief filed January 26, 2009, agrees that the

Appellant’s sentence should be vacated and this matter remanded for re-sentencing

consistent with the Supreme Court’s Chambers decision, supra.




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