United States v. Landry

JOHNSON, Circuit Judge Appellant, Frank Landry (""Landry""), was convicted by a jury of conspiracy to distribute approximately 1.5 kilograms of cocaine hydrochloride, in violation of 21 U.S.C. § 846, and of possession with intent to distribute 1.5 kilograms of cocaine hydrochloride, in violation of 21 U.S.C. § 841(a)(1) and (2). Landry was sentenced by the district court to twenty-five years imprisonment as to each count, to run concurrently, and a subsequent term of four years supervised release. The district court also fined Landry $25,000.00, and imposed a mandatory assessment of $100.00. Landry appeals his conviction and sentence. This Court affirms Landry's conviction but vacates his sentence and remands to the district court for resentencing. I. FACTS AND PROCEDURAL HISTORY