U.S. v. BOE

No. 96-31228.

117 F.3d 830 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. John BOE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 1997.


Attorney(s) appearing for the Case

Francis M. King, Stephen A. Higginson, Assistant U.S. Attorney, New Orleans, LA, for Plaintiff-Appellee.

Kevin Michael Schad, Cincinnati, OH, for Defendant-Appellant.

Before KING, DUHÉ and WIENER, Circuit Judges.


DUHÉ, Circuit Judge:

John Boe appeals the district court's denial of his post-conviction motion for reduction of sentence. For reasons that follow, we vacate and remand for resentencing.

BACKGROUND

Appellant John Boe pleaded guilty to manufacturing marijuana within 1,000 feet of a school, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 860. In January 1992, the district court sentenced Boe to 80 months of imprisonment to be followed...

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