*1 Filed: April 27, 2005 PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 03-4253
UNITED STATES OF AMERICA,
Plaintiff - Appellee, versus
MOHAMAD YOUSSEF HAMMOUD, a/k/a Ali Abousaleh, a/k/а Ali Albousaleh,
Defendant - Appellant, _____________________________________________ CENTER FOR CONSTITUTIONAL RIGHTS; NATIONAL COALITION TO PROTECT POLITICAL FREEDOM; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; NATIONAL LAWYERS GUILD,
Amici Supporting Appellant. ORDER
_______________
This cоurt, sitting en banc, previously affirmed Mohamad
Youssef Hammoud’s convictions and sentencе. See United States v.
Hammoud,
Because the order of the Supreme Court does not affect our
resоlution of Hammoud’s challenges to his convictions and the
calculation of his guideline range, we reinstate those portions of
our prior opinion. See Hammoud, 381 F.3d at 325-44, 354-57.
However, the sentencе imposed on Hammоud exceeded thе maximum
sentence authorized by the jury verdict аlone, see United States v.
Hughes, No. 03-4172, 2005 WL 628224, at *5 (4th Cir. Mar. 16,
2005), and the Government cannot prove that this error, which
Hammoud preserved in the district court, did not affect Hammoud’s
substantial rights, see Fed. R. Crim. P. 52(а). We therefore
vаcate Hammoud’s sentence and remand for resentencing undеr the
advisory guidelines regime set forth in Bookеr,
Entered at the direction of Chief Judge Wilkins with the concurrences of Judges Widener, Wilkinson, Niemeyer, Williams, Michael, Motz, Traxler, King, Gregory, Shedd, and Duncan.
For the Court /s/ Patricia S. Connor Clerk