United States v. Michael Lewis Miller

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is the appeal of Michael Lewis Miller following the order of the United States Supreme Court granting certiorari, vacating the judgment of this court, and remanding for further consideration in light of its decision in United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). As explained below, having determined that the sentencing issues implicated here are best addressed by the District Court in the first instance, we will remand for resentencing.

I

In April 1997, a jury sitting in the United States District Court for…