United States v. Cooper

GODBOLD, Senior Circuit Judge:

Appellant Carl Anthony Cooper pleaded guilty to one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He challenges his sentence contending that the district court erred by increasing the offense level by two levels pursuant to U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm. We vacate the sentence and remand for resentencing.

BACKGROUND

The two-count indictment charged Cooper with conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine in violation of 21 U.S.C. §…