UNITED STATES of America v. Harold MORGAN, Appellant, 139 F. App'x 398

OPINION OF THE COURT BECKER, Circuit Judge. Pursuant to a plea agreement, appellant Harold Morgan entered a plea of guilty to counts one, three, five and seven of an eight-count indictment charging him with six counts of distribution of methamphetamine and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and one count of criminal forfeiture of identified property, pursuant to 21 U.S.C. § 853. Morgan was sentenced to 135 months’ imprisonment, eight years’ supervised release, a $1,000 fine, and a $200 special assessment.

Appellant challenges his sentence under United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). 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. See United States v. Davis, 407 F.3d 162 (3d Cir.2005) (en banc).