Taylor

United States v. Taylor

Good Law
264 F. App'x 596
United States Court of Appeals for the Ninth CircuitJanuary 18, 2008Nos. 06-50633, 06-50636California330 words

Opinion

lead Opinion

MEMORANDUM **

In these consolidated cases, Lawrence Erskine Taylor appeals from his guilty plea conviction and 180-month sentence for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). He was also convicted and sentenced during the same consolidated district court proceedings for being a felon in possession of a firearm, possession of a firearm in furtherance of a drug crime, and possession of cocaine base. We have *597 jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction for possession with intent to distribute marijuana, and we vacate the sentences for all four convictions and remand for resentencing.

Taylor contends that the district court erred at his change of plea hearing by not advising him of the correct statutory maximum term for the possession with intent to distribute marijuana count. We conclude that there was no Rule 11 error as Taylor was correctly advised that the statutory maximum term of imprisonment for the challenged count was five years. See 21 U.S.C. § 841 (b)(1)(D); 21 U.S.C. § 851 (a). Accordingly, his conviction on that count is affirmed.

The parties agree that the district court plainly erred when it…

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