No. 07-3132.

527 F.3d 188 (2008)


United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2008.

Attorney(s) appearing for the Case

David B. Smith argued the cause for appellants.

Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese, III and Ann H. Petalas, Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge:

The defendant appeals his eighteen month prison sentence after revocation of supervised release. We vacate the sentence and remand for the district court to explain its reasoning.


Appellant pled guilty in 1999 to two counts of distribution of cocaine base, one count of unlawful use of a "communication facility," see 21 U.S.C. § 843(b), and one count of carrying a firearm...

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