Manzo

Jose Luis Manzo (“Manzo”) appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate the sentences he received after (1) his jury conviction of conspiracy to possess with intent to manufacture a controlled substance in violation of 21 U.S.C. §§ 841 (c), 846; (2) his guilty plea to distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1); and (3) his guilty plea to a supervised release violation. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and we reverse and remand to the district court for proceedings consistent with this opinion.

I

Manzo was charged, inter alia, with conspiracy to possess pseudoephedrine with intent to manufacture methamphetamine (“the manufacturing case”) and with distribution of 50 or more grams of actual methamphetamine (“the distribution case”). Manzo was also charged with a supervised release violation. Manzo went to trial in the manufacturing case, the jury found him guilty, and sentencing was continued pending resolution of the charges in the distribution case.

Pursuant to a plea agreement, Manzo pleaded guilty in the distribution case. By accepting the plea agreement, Manzo agreed, inter alia, to…