UNITED STATES of America, v. Johnny GUNTER, Appellant, 569 F.3d 135

JUDGMENT ORDER FRANKLIN S. VAN ANTWERPEN, Circuit Judge. Appellant’s conviction is AFFIRMED. The judgment of sentence entered by the District Court is VACATED and this case is REMANDED to the District Court for sentencing in light of Spears v. United States, 555 U.S. -, 129 S.Ct. 840, 172 L.Ed.2d 596 (2009).