United States V. Crosby

This appeal of a sentence imposed in a federal criminal case requires us to begin the process of implementing the decision of the Supreme Court in United States v. Booker, 125 S. Ct. 738 (2005) ("Booker/Fanfan").*fn1 Defendant-Appellant Jerome Crosby appeals from the October 23, 2003, judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), sentencing him to imprisonment for ten years after he pled guilty to a firearms violation. We conclude that the District Court should have the opportunity to consider whether to resentence, and we therefore remand for that purpose.