United States v. Carter

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-20155

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESSE JUD CARTER,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (H:00-519-ALL) _________________________________________________________________ August 12, 2002 Before WIENER, EMILIO M. GARZA, and PARKER, Circuit Judges:

PER CURIAM:*

After Carter lodged his appeal in this case, we granted his

motion to supplement the record with additional documentary

evidence concerning prior crimes on the basis of which his sentence

was enhanced. That evidence had never been presented to the

sentencing court.

Carter and the government have now jointly moved, in open

court, that we vacate the sentence imposed by the district court

and remand the case for resentencing by the court with the benefit

of the additional information in the subsequently admitted

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. evidence, which bears on the question whether the two prior

convictions were related for purposes of the United States

Sentencing Guidelines. We grant that joint motion, vacate Carter’s

sentence, and remand for resentencing in light of the information

revealed in the subsequently admitted documents, and all other

relevant evidence.

SENTENCE VACATED; REMANDED FOR RESENTENCING.