United States v. Merced

OPINION

SMITH, Circuit Judge.

Hector Merced pleaded guilty to a drug possession charge and was sentenced to *209five years of imprisonment. That sentence was well below the prison term recommended by the Sentencing Guidelines. The United States appeals, claiming that the District Court committed procedural errors in determining Merced’s sentence. We agree with the government. Accordingly, we will vacate the judgment of sentence and remand for resentencing.

I

On June 27, 2007, Merced sold 49.1 grams of crack cocaine to an undercover police officer. Merced received $1,500 from the sale, and expressed…