United States v. Livingston

MEMORANDUM **

John H. Livingston was resentenced after one count of his four-count conviction was vacated in a collateral proceeding. He argues that the district court erred by imposing the same custodial sentence notwithstanding the vacated conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Livingston pleaded guilty to a four-count indictment that included a charge that he used or carried a gun during the commission of a drug trafficking crime in violation of 18 U.S.C. § 924(c). He agreed to a custodial sentence of 189 months that was accepted by the district court…