United States v. Amparo-Concepción

First Circuit

United States v. Amparo-Concepción

347 F.3d 985, 2003 U.S. App. LEXIS 21986, 2003 WL 22434641

Court of Appeals for the First Circuit·Decided October 28, 2003·No. No. 02-1935, 02-1936·Published

Opinions

PER CURIAM.

For the reasons stated in United States v. Rosa-Ortiz, No. 02-2362, appellant’s guilty plea in No. 02-1935 is vacated and the case is remanded for dismissal of the indictment.

Appellant’s conviction under 18 U.S.C. § 1001 stands. Because we vacate his conviction on the conspiracy charge, however, appellant’s total offense level must be recalculated and a new sentence imposed. Accordingly, appellant’s sentence in No. 02-1936 is vacated and the case is remanded to the district court for resentencing.

So ordered.

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PER CURIAM.

For the reasons stated in United States v. Rosa-Ortiz, No. 02-2362, appellant’s guilty plea in No. 02-1935 is vacated and the case is remanded for dismissal of the indictment.

Appellant’s conviction under 18 U.S.C. § 1001 stands. Because we vacate his conviction on the conspiracy charge, however, appellant’s total offense level must be recalculated and a new sentence imposed. Accordingly, appellant’s sentence in No. 02-1936 is vacated and the case is remanded to the district court for resentencing.

So ordered.

United States v. Amparo-Concepción, 347 F.3d 985, 2003 U.S. App. LEXIS 21986, 2003 WL 22434641 (1st Cir. 2003).

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