United States v. Eduardo Castillo-Burgos

OPINION

Before CARTER and TRASK, Circuit Judges, and WHELAN * , District Judge.

JAMES M. CARTER, Circuit Judge.

This is an appeal from the judgment of conviction for importation of marijuana into the United States in violation of 21 U.S.C. §§ 952, 960, and 963, and for possession with intent to distribute in violation of 21 U.S.C. § 841(a). We affirm the conviction, but vacate the sentence and remand for resentencing.

Defendant was sentenced to the custody of the Attorney General for five years, to be confined for six months with the remainder of the sentence to be suspended, and placed on five…