United States v. Robinson

GRUENDER, Circuit Judge.

After a jury trial, Joseph Robinson was convicted of one count of conspiracy to distribute five grams or more of cocaine base (“crack cocaine”), a violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(iii), 846. The district court sentenced him to 360 months’ imprisonment followed by 10 years of supervised release. Robinson appeals both his conviction and his sentence. For the reasons explained below, we affirm the conviction but vacate Robinson’s sentence and remand for resentencing.

I. BACKGROUND

On March 25, 2009, a federal grand jury returned a superseding indictment…