Joint motion for remand granted for resentencing in accordance with Booker

SENTENCING United States v. Rice, No. 02-6401, ___ F.3d ___(10th Cir. Apr. 28, 2005)(W.D. Oklahoma). Appeal of convictions and sentence for production, transportation, and possession of child pornography. Case was initially remanded for resentencing because district court erroneously double-counted certain uncharged conduct in calculating sentence under sentencing guidelines. However, Supreme Court summarily reversed and remanded court of appeals decision for further consideration in light of United States v. Booker, 125 S.Ct. 738 (2005). Parties jointly moved for remand to district court for resentencing. DISPOSITION: Joint motion for remand granted. Order directing supplemental briefs vacated. All non-sentencing portions of previous opinion, United States v. Rice, 358 F.3d 1268 (10th Cir. 2004), reinstated, as well as that portion holding that district court’s double-counting is prohibited. On remand, resentencing will be in accordance with Booker. Read the order here.