United States v. Delima

Fifth Circuit

United States v. Delima

70 F. App'x 779

Court of Appeals for the Fifth Circuit·Decided July 22, 2003·No. 03-30296·Unpublished

Opinion

PER CURIAM: *

Adán Delima appeals his sentence following his guilty plea conviction of possession with intent to distribute cocaine. On appeal, Delima argues that the district court erred in resentencing him upon remand from this court without his presence.

The district court erred by resentencing Delima in his absence. See Fed. R.Crim. P. 43; United States v. Moree, 928 F.2d 654, 656 (5th Cir.1991). It is therefore *780 ordered that Delima’s sentence be vacated and the matter remanded.

VACATED AND REMANDED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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PER CURIAM: *

Adán Delima appeals his sentence following his guilty plea conviction of possession with intent to distribute cocaine. On appeal, Delima argues that the district court erred in resentencing him upon remand from this court without his presence.

The district court erred by resentencing Delima in his absence. See Fed. R.Crim. P. 43; United States v. Moree, 928 F.2d 654, 656 (5th Cir.1991). It is therefore *780 ordered that Delima’s sentence be vacated and the matter remanded.

VACATED AND REMANDED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

United States v. Delima, 70 F. App'x 779 (5th Cir. 2003).

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Opinion

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