U.S. v. SELLERS

No. 91-9513.

975 F.2d 149 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Terrence L. SELLERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 2, 1992.


Attorney(s) appearing for the Case

John R. Morello, Herbert W. Mondros, Peter G. Strasser, Asst. U.S. Attys., Harry Rosenberg, U.S. Atty., New Orleans, La., for plaintiff-appellant.

John Craft, Asst. Federal Public Defender, New Orleans, La., for defendant-appellee.

Before REAVLEY, HIGGINBOTHAM, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Terrence Sellers pled guilty to drug offenses, and was sentenced. On appeal, the government challenges Sellers' sentence, alleging that it was an improper departure from statutory provisions and the Sentencing Guidelines. Because of the recent Supreme Court decision Wade v. United States, ___ U.S. ___, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992), we vacate Sellers' sentence and remand the case for resentencing.

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