USA v. Nigel Gray, No. 05-14561 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-14561 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT December 7, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 04-60131-CR-WPD UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NIGEL GRAY, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (December 7, 2006) Before TJOFLAT, BIRCH and DUBINA, Circuit Judges. PER CURIAM: Appellant was convicted on a plea of guilty of all five counts of the indictment, all of which related to a conspiracy to import five kilograms or more of cocaine into the United States. The district court sentenced him on the first four counts to concurrent prison terms of 168 months and on the fifth count to a consecutive prison term of 60 months, for a total of 228 months. He now appeals his sentences. The Government concedes in its brief that statutory error under United States v. Booker, 543 U.S. 220, 1254 S.Ct. 738, 160 L.Ed.2d 621 (2005), warrants a limited remand to permit the district court to reconsider appellant s sentences in light of the now-advisory Sentencing Guidelines and the factors set out in § 3553(a). Appellant s sentences are therefore vacated, and the case is remanded for a new sentencing hearing. VACATED and REMANDED. 2

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