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U.S. v. BERT

Nos. 01-10175, 01-10214.

292 F.3d 649 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Lamance Cookie BERT, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Lamance Cookie Bert, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2002.

Attorney(s) appearing for the Case

John P. Balazs, Sacramento, CA, for the defendant-appellant.

W. Douglas Sprague, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Before BRUNETTI, LEAVY, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge.

Lamance Cookie Bert (Bert) appeals his convictions under three counts of possession of a controlled substance with intent to distribute. The Government cross-appeals Bert's sentence under one of the counts. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm with regard to Bert's appeal. However, we vacate Bert's sentence and remand for resentencing on the Government's cross-appeal. In this opinion we address only the...

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