No. 00-50405.

259 F.3d 363 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Longoria, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 19, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellant.

Before JONES, DeMOSS and BENAVIDES, Circuit Judges.


Miguel Longoria appeals his sentence under the Supreme Court's recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Persuaded that his sentence was beyond the jurisdiction of the district court to impose, we vacate his sentence and remand for resentencing.

Longoria pled guilty to the charge of conspiracy to possess marijuana with intent to distribute. The indictment...

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