United States v. Roberto Garza Colunga A/K/A Roberto Garza

JOHN R. BROWN, Circuit Judge:

In this appeal we are asked to determine the proper remedy when a defendant pleads guilty to, and is sentenced for, two conspiracies when the evidence establishes that only a single conspiracy exists. We hold that the proper remedy is to vacate both sentences and remand to the District Court for resentencing on one count. However, because the original sentence was imposed under a misapprehension of the maximum possible penalty, the defendant-appellant should be given an opportunity to withdraw his guilty plea after receiving correct sentencing information. If he…