United States v. Alvin Thomas Harrison, Jr., United States of America v. Alvin Thomas Harrison, Jr.

Vacated and remanded by published opinion. Judge HAMILTON wrote the majority opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Alvin Thomas Harrison (Harrison) appeals his sentence following his plea of guilty to conspiracy to import marijuana and cocaine, see 21 U.S.C.A. § 963 (West Supp.1994). For the reasons that follow, we vacate Harrison’s sentence and remand for resentencing.

I

Following Harrison’s guilty plea, the pre-sentence report (PSR) calculated Harrison’s offense level at twenty-seven, which included a three-level…