UNITED STATES of America v. Michael T. BROWN, also known as Mark Noble Brown, also known as Michael Ballard Michael T. Brown, Appellant, 325 F. App'x 110

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, — U.S.-, 129 S.Ct. 687, 172 L.Ed.2d 484 (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.