United States v. Haltiwanger

BYE, Circuit Judge.

After this court affirmed the 240-month sentence Maurice Haltiwanger received pursuant to 21 U.S.C. § 841(b)(1), the Supreme Court granted Haltiwanger’s petition for writ of certiorari, vacated our judgment, and remanded the case for further consideration in light of Carachuri-Rosendo v. Holder, — U.S. -, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010). After further consideration, we now reverse Haltiwanger’s sentence and remand this case to the district court for resentencing.

I

Haltiwanger pleaded guilty to one count of conspiracy to distribute fifty grams or more of cocaine base…