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U.S. v. RODRIGUEZ

No. 96-30878.

114 F.3d 46 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo Perdomo RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 20, 1997.

Attorney(s) appearing for the Case

Joseph A. Capone, New Orleans, LA, for Plaintiff-Appellee.

Kyle D. Schonekas, Marc D. Winsberg, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for Defendant-Appellant.

Before POLITZ, Chief Judge, DeMOSS, Circuit Judge, and JUSTICE, District Judge.

POLITZ, Chief Judge:

Gustavo Perdomo Rodriguez challenges the district court's authority to resentence him after his convictions under 18 U.S.C. § 924(c)(1) were vacated. Concluding that the district court had the authority under 28 U.S.C. § 2255 to resentence Rodriguez and that it did not violate the double jeopardy clause by doing so, we affirm.

BACKGROUND

In 1990, Rodriguez pled guilty to conspiracy to distribute and possession with...

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