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UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
| UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STEVEN JOE GATEWOOD,
Defendant - Appellant. |
No. 03-3163
(D.C. No. 02-CR-40117-JAR) |
Before KELLY, ANDERSON and
HENRY, Circuit Judges.
This matter comes on for consideration of the Supreme Court's order vacating our
judgment, United States v. Gatewood, 370 F.3d 1055 (10th Cir. 2004), and remanding
this case for consideration of United States v. Booker, 125 S. Ct. 738 (2005).
Gatewood
v. United States, 125 S. Ct. 1013 (2005). We requested supplemental briefs by the
parties. Upon consideration thereof, we will remand this case for resentencing as both
parties agree that is the proper remedy. Thus, the government's motion to remand for
resentencing is GRANTED and the case is REMANDED for resentencing. Mr.
Gatewood's request that the matter be reassigned to a different judge is DENIED.
Entered for the Court
PATRICK FISHER, Clerk of Court
by:
Deputy Clerk
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