United States v. Lamance Cookie Bert, United States of America v. Lamance Cookie Bert

T.G. NELSON, Circuit Judge.

Lamance Cookie Bert (Bert) appeals his convictions under three counts of possession of a controlled substance with intent to distribute. The Government cross-appeals Bert’s sentence under one of the counts. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm with regard to Bert’s appeal. However, we vacate Bert’s sentence and remand for re-sentencing on the Government’s cross-appeal. In this opinion we address only the Government’s cross-appeal. We address the issues Bert raises on appeal in a contemporaneously filed unpublished memorandum.

I. BACKGROUND

B…