United States v. Rojas Alvarez

EDITH BROWN CLEMENT, Circuit Judge:

In this action, two co-defendants appeal their convictions. We vacate all counts of conviction as to one defendant. As to the other defendant, we vacate three counts of conviction and remand with instructions to enter convictions on the lesser-included offenses and to resentence. In all other respects, we affirm.

I. FACTS AND PROCEEDINGS

Lidia Alvarez (“Alvarez”) and several members of her extended family sold heroin and cocaine in Midland, Texas. Adam Alvarez (“Adam”), Alvarez’s grandson, was a street-level dealer, who obtained his supply from Alvarez. In…