200 F. App'x 889

UNITED STATES of America, Plaintiff-Appellee, v. Bob Allen LOCUSON, Defendant-Appellant.

No. 05-15078

United States Court of Appeals, Eleventh Circuit.

Oct. 13, 2006.

Before BLACK and HULL, Circuit Judges, and RYSKAMP,* District Judge.

PER CURIAM:

Bob Allen Locuson appeals his 97-month sentence imposed after he pled guilty to conspiracy to possess with intent to distribute marijuana. He also challenges the district court’s denial of a motion for continuance and motion for a writ of habeas corpus ad testificandum at his sentencing hearing.

We have reviewed the record and determined that the district court did not abuse its discretion in refusing to continue sentencing or in denying the petition for writ of habeas corpus ad testificandum.

The district court accepted Locuson’s plea and adjudicated him guilty of the lesser included offense of 21 U.S.C. § 841(b)(1)(D), for which the statutory maximum is 60 months, rather than the charge in the superseding indictment of 21 U.S.C. § 841(b)(1)(A). There was confusion at the sentencing hearing and the district court sentenced Locuson under § 841(b)(1)(C) to 97 months’ imprisonment. The Government concedes and we agree that Locuson’s sentence exceeds the statutory maximum authorized under § 841(b)(1)(D).1

We vacate Locuson’s sentence and remand for the district court (1) to amend the judgment to reflect Locuson’s plea to § 841(b)(1)(D) and (2) to resentence Locuson in accordance with the statutory maximum of 60 months considering the Guide*890lines advisory range2 and the sentencing factors in 18 U.S.C. § 3553(a). See United States v. Williams, 435 F.3d 1350, 1355 (11th Cir.2006).3

VACATED AND REMANDED IN PART, AFFIRMED IN PART.

United States v. Locuson
200 F. App'x 889

Case Details

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United States v. Locuson
Decision Date
Oct 13, 2006
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200 F. App'x 889

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United States

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