United States v. Michael R. Burns

ARNOLD, Circuit Judge.

Michael Burns was convicted by a jury of one count of conspiracy to distribute 500 grams or more of methamphetamine, see 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and two counts of distribution of 50 grams or more of methamphetamine, 21 U.S.C. § 841(a)(1), (b)(1)(B), and sentenced by the district court to 360 months in prison. On appeal, he contends that prejudicial error occurred during his trial and that his sentence is excessive. We affirm Mr. Burns’s conviction, but we remand to the district court for resentencing.

I

Mr. Burns first argues that the district court should…