UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 02-4928

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

ROBERT JARED SMITH, a/k/a J Dog, 

 Defendant - Appellant. 

On Remand from the Supreme Court of the United States. 

(S. Ct. No. 08-8197) 

Submitted: November 30, 2009 Decided: December 18, 2009 

Before WILKINSON, KING, and DUNCAN, Circuit Judges. 

Vacated and remanded by unpublished per curiam opinion. 

Barron Michael Helgoe, VICTOR VICTOR & HELGOE LLP, Charleston, 

West Virginia, for Appellant. Monica Kaminski Schwartz, 

Assistant United States Attorney, Charleston, West Virginia, for 

Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 In 2000, a jury convicted Robert Jared Smith of 

conspiracy to distribute fifty grams or more of cocaine base, in 

violation of 21 U.S.C. § 846 (2006), and aiding and abetting 

possession with intent to distribute cocaine base, in violation 

of 21 U.S.C. § 841(a)(1) (2006) and 18 U.S.C. § 2 (2006). The 

district court sentenced Smith to life in prison on the 

conspiracy count and a concurrent twenty-year prison term on the 

possession with intent to distribute count. On appeal, we 

affirmed Smith’s convictions, but vacated his sentence and 

remanded for resentencing on the ground that the district court 

abused its discretion by applying a leadership role enhancement 

pursuant to U.S. Sentencing Guidelines Manual § 3B1.1 (1999). 

United States v. Sayles, 296 F.3d 219, 227 (4th Cir. 2002). 

 Following a hearing, the district court sustained 

Smith’s objections to the leadership role enhancement and 

resentenced him without the four-level increase under USSG 

§ 3B1.1. Thus, his offense level was reduced from 42 to 38. 

Based on an offense level of 38 and criminal history category 

IV, Smith’s guidelines range on the conspiracy count was 324 to 

405 months in prison. The court sentenced him to 405 months on 

the conspiracy count and to a concurrent 240 months on the 

possession with intent to distribute count. Smith appealed, and 

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we affirmed. United States v. Smith, 98 F. App’x 962 (4th Cir. 

2004) (No. 02-4928). 

 Smith subsequently filed a 28 U.S.C.A. § 2255 (West 

Supp. 2009) motion, which the district court denied. One of the 

issues that arose during Smith’s § 2255 proceedings concerned 

appellate counsel’s failure to file a petition for writ of 

certiorari as requested in United States v. Smith, 98 F. App’x 

962 (4th Cir. 2004). We construed Smith’s § 2255 motion as a 

motion to recall the mandate in Smith, 98 F. App’x 962, recalled 

the mandate, and reentered the judgment to permit Smith to file 

a timely petition for certiorari to the United States Supreme 

Court. United States v. Smith, 321 F. App’x 229 (4th Cir. 2008) 

(No. 07-6358). The Supreme Court subsequently granted Smith’s 

petition for certiorari, vacated this court’s judgment, and 

remanded his case for further proceedings in light of United

States v. Booker, 543 U.S. 220 (2005). Smith v. United States, 

129 S. Ct. 2763 (2009). 

 In light of the vast changes in the legal landscape 

that have occurred in the seven years since the district court 

resentenced Smith, we vacate Smith’s sentence and remand for 

resentencing in light of Booker and its progeny. We dispense 

with oral argument because the facts and legal contentions are 

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adequately presented in the materials before the court and 

argument would not aid the decisional process. 

VACATED AND REMANDED