United States v. Bernard J. Drapeau, Jr.

COLLOTON, Circuit Judge.

Bernard J. Drapeau, Jr., appeals his conviction for distributing a controlled substance and possessing a controlled substance with the intent to distribute, and his sentence of 324 months’ imprisonment and three years’ supervised release. We affirm Drapeau’s conviction, but vacate his sentence and remand for resentencing in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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Drapeau was convicted based on information the Northern Plains Safe Trail Drug Enforcement Task Force (“Task Force”) gathered from a controlled drug transaction in…