U.S. v. COOPER

No. 96-6717.

111 F.3d 845 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Anthony COOPER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 5, 1997.


Attorney(s) appearing for the Case

J. Tim Coyle, P.C., Birmingham, AL, for Defendant-Appellant.

Caryl Privett, U.S. Atty., Birmingham, AL, Harwell G. Davis, III, Asst. U.S. Atty., Huntsville, AL, for Plaintiff-Appellee.

Before BIRCH and CARNES, Circuit Judges, and GODBOLD, Senior Circuit Judge.


GODBOLD, Senior Circuit Judge:

Appellant Carl Anthony Cooper pleaded guilty to one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He challenges his sentence contending that the district court erred by increasing the offense level by two levels pursuant to U.S.S.G. § 2D1.1(b)(1) for possession of a firearm. We vacate the sentence and remand for resentencing.

BACKGROUND

The two-count indictment...

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