USA v. Jason Daniel Taylor, No. 06-13139 (11th Cir. 2009)

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This opinion or order relates to an opinion or order originally issued on June 13, 2007.

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _____________ No. 06-13139 _____________ ELEVENTH CIRCUIT FEB 20, 2009 THOMAS K. KAHN CLERK D.C. Docket No. 05-00004-CR-4-RH-WCS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JASON DANIEL TAYLOR, Defendants-Appellant. ____________ Appeal from the United States District Court for the Northern District of Florida ____________ (February 20, 2009) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before CARNES, WILSON and HILL, Circuit Judges. PER CURIAM: We have this case on remand from the Supreme Court for reconsideration in light of Chambers v. United States, 555 U.S. ___ (2009). On February 6, 2009, we ordered the parties to file letter briefs addressing the effect of Chambers upon this case. The parties have done so and this appeal is now ripe for disposition. The United States has indicated in its letter brief that it no longer seeks to enhance Mr. Taylor s sentence under the Armed Career Criminal Act (the ACCA ) 18 U.S.C. ยง 924(e), and that it consents to the vacation of his sentence and remand for re-sentencing without the enhancement provided by the ACCA. Accordingly, we shall vacate Defendant s sentence and remand for resentencing. VACATED AND REMANDED FOR RESENTENCING. 2

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