United States v. William C. Kemper

CONTIE, Senior Circuit Judge.

Defendant-appellant William C. Kemper appeals his sentence for conspiracy to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). For the following reasons, we vacate the sentence and remand the case to the district court for resentencing.

I

On November 18, 1988, a confidential informant advised agents of the Drug Enforcement Agency (DEA) of drug transactions involving the defendant. DEA agent Richard Darn arranged for the confidential informant to go to defendant’s residence and purchase one ounce of cocaine from him for $1200 on November 18, 1988. On January…