United States v. Marlon Dewayne Dixon

Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Chief Judge WILKINSON and Judge TRAXLER joined.

OPINION

WIDENER, Circuit Judge:

Marlon Dewayne Dixon appeals the district court’s order sentencing him to 63 months incarceration. For the reasons that follow, we vacate the sentencing order and remand this case to the district court for re-sentencing consistent with this opinion.

On March 9, 1999, Dixon was charged with possessing crack cocaine with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). In April 1999, Dixon pleaded guilty…