Elroy A. Phillips v. United States

DUBINA, Circuit Judge:

This is an appeal from the district court’s order denying Elroy Phillips’s (“Phillips”) motion to vacate his sentence pursuant to 28 U.S.C. § 2255. We granted Phillips a certificate of appealability (“COA”) pursuant to 28 U.S.C. § 2253. After conducting oral argument, reading the parties’ briefs, and reviewing the record, we affirm in part, vacate in part, and remand for resentencing.

I. BACKGROUND

A grand jury charged Phillips with numerous drug related offenses occurring from December 1999 to June 2001, and charged him with being a felon in possession of ammunition from…