United States v. James Alan Burch

CLARK, Chief Judge:

James Alan Burch pleaded guilty to one count of conspiracy to possess marijuana with the intent to distribute it and was sentenced to five years imprisonment, the maximum term allowable under the statute. 21 U.S.C. § 846. He appeals from the imposition of this sentence, arguing that the district court failed to follow proper sentencing procedures and misapplied the sentencing guidelines. He does not challenge the underlying conviction. Finding procedural omissions which affected defendant's substantial rights, we vacate the sentence and remand this action to the district…