No. 00-50406.

259 F.3d 355 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Adrian Gonzalez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 9, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, Angela J. Moore, San Antonio, TX, for Plaintiff-Appellee.

John Aloysius Convery, Hasdorff & Convery, San Antonio, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and ELLISON, District Judge.

EMILIO M. GARZA, Circuit Judge:

Juan Adrian Gonzalez ("Gonzalez") appeals his guilty-plea conviction and sentence for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We affirm his conviction, but vacate his sentence and remand to the district court for resentencing.

Gonzalez, pursuant to a written plea agreement, pleaded guilty to conspiracy to possess...

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