United States v. Solis ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50966
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO NOEL SOLIS,
Defendant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(W-97-CR-35-10)
December 7, 2000
Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
The district court committed no reversible error in its
handling of Brady and Jenks material. The conviction is affirmed.
The government properly concedes error in the sentence imposed
for the conviction of violating 21 U.S.C. 841(b). See Apprendi v.
New Jersey, 120 S. Ct. 2348; United States v. Meshack, 225 F.3d 556,
575 (5th Cir. 2000); and United States v. Doggett, 230 F.3d 160,
164-65 (5th Cir. 2000). The sentence is vacated and the case is
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
remanded to enable the district court to fashion a new sentence
within the boundaries set by 21 U.S.C. § 841(b)(1)(D).
Judgment AFFIRMED. Sentence VACATED and case REMANDED.
2