U.S. v. JOHNSON

No. 03-3379.

416 F.3d 884 (2005)

UNITED STATES of America, Appellee, v. Melroy JOHNSON, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2005.


Attorney(s) appearing for the Case

C.J. Williams, argued, Robert Lee Teig, Peter E. Deegan, U.S. Attorney's Office, Cedar Rapids, IA, for Appellee.

Robert L. Sikma, argued, Sioux City, IA, for Appellant.

Before WOLLMAN, HAMILTON, and BYE, Circuit Judges.


WOLLMAN, Circuit Judge.

Melroy Johnson, Sr., appeals from the sentences imposed on him following his conviction on one count of distribution of cocaine base and on two counts of possession with intent to distribute cocaine base, violations of 21 U.S.C. § 841(a)(1). We vacate the sentences and remand for resentencing.

By way of background to the present appeal, Johnson was initially sentenced to concurrent sentences...

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