United States v. Demario A. Howard, No. 06-2281 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. Case reversed and remanded for sentencing consistent with the alternative sentenced ordered by the district court in the event the federal sentencing guidelines were declared unconstitutional in whole or part.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2281 ___________ United States of America, Appellee, v. Demario A. Howard, Appellant. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: October 17, 2006 Filed: October 31, 2006 ___________ Before MELLOY, BEAM, and BENTON Circuit Judges. ___________ PER CURIAM. Demario Antoinette Howard appeals the denial of his motion for correction of sentence. The United States agrees that plain error occurred because the judge's oral pronouncement of sentence is not the sentence imposed in fact, and thus supports Howard's appeal. See Hill v. United States ex rel. Wampler, 298 U.S. 460, 464-65 (1936); United States v. Tramp, 30 F.3d 1035, 1037 (8th Cir. 1994). This court reverses and remands for sentencing consistent with the alternative sentence ordered by the district court in the event that the federal sentencing guidelines were unconstitutional or partially unconstitutional. See United States v. Booker, 543 U.S. 220 (2005); 8th Cir. R. 47A. ______________________________ -2-
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