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U.S. v. ORTIZ

No. 09-40394.

613 F.3d 550 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Antonio ORTIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 2010.

Attorney(s) appearing for the Case

Eileen K. Wilson (argued), James Lee Turner, Asst. U.S.Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before WIENER, PRADO, and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge.

Juan Antonio Ortiz pled guilty to possession with intent to distribute more than 100 kilograms of marijuana. On appeal, Ortiz claims the district court erred in calculating his total drug quantity amount. We agree. We VACATE Ortiz's sentence and REMAND for resentencing.

FACTS

The government's undisputed proffer at Ortiz's rearraignment is the source for the following factual...

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