United States v. Jesus Vea-Gonzales

Opinion by Judge Fernandez

Jesus Vea-Gonzales, also known as Antonio Perez Salizar Torres, appeals his sentence under the Sentencing Guidelines, following his guilty plea to possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1). He asserts that a prior offense under 21 U.S.C. § 843 (b) (use of a communication facility in facilitation of a drug offense) should not have been used as a predicate offense for career offender purposes. U.S.S.G. § 4B1.1. He also claims that the district court erred when it did not allow him to contest the validity of his prior convictions at sentencing. We find no merit in his first contention. However, we agree with his second contention. Therefore, we vacate his sentence and remand for resen-tencing. -

BACKGROUND

Pursuant to a plea agreement, Vea-Gon-zales pled guilty to a single count of cocaine possession with the intent to distribute. Pri- or to sentencing, he moved for a hearing and discovery so that he, could bring a collateral attack on his prior convictions. The district court denied the motion. The presentence report showed his offense level to be 28, adjusted to 26 for acceptance of responsibility. That…