UNITED STATES of America, Plaintiff - Appellee, v. Dejuan Martez COVINGTON, Defendant - Appellant, 323 F. App'x 697

ORDER AND JUDGMENT PAUL J. KELLY, JR., Circuit Judge. Defendant-Appellant Dejuan Martez Covington pled guilty to one count of knowingly and intentionally distributing 5 or more grams of cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1). Qualifying as a career offender, he was sentenced to 210 months’ imprisonment followed by 4 years’ supervised release. A divided panel affirmed the judgment. United States v. Covington, 284 Fed.Appx. 579 (10th Cir.2008). Judge McConnell viewed the district court’s remarks at sentencing as an incorrect statement that the Sentencing Guidelines were mandatory.

Id. at 581-82. Mr. Covington filed a petition for a writ of certiorari, and the Supreme Court granted the writ and vacated our judgment for further consideration of the case in light of Nelson v. United States, — U.S. -, 129 S.Ct. 890, 172 L.Ed.2d 719 (2009). Covington v. United States, — U.S. -, 129 S.Ct. 1612, 173 L.Ed.2d 990 (2009) (mem.). Upon consideration thereof, the case is REMANDED to the district court to vacate its judgment and resen-tence Mr. Covington, treating the Sentencing Guidelines as advisory and not affording any presumption of reasonableness to the Guidelines range.

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1. . Qualifying as a career offender, Mr. Coving-ton's total offense level was 32 and his criminal history category was VI, yielding a Guidelines range of 210 to 262 months. Absent the career offender enhancement, his total offense level would have been 26, his criminal history category would have remained VI, and his Guidelines range would have been 120 to 150 months.