IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10017
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ LOUIS PECINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:96-CV-263-E
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September 24, 1997
Before King, Higginbotham, and Davis, Circuit Judges.
PER CURIAM:*
José Louis Pecina appeals the district court’s order
scheduling resentencing on the remaining drug-trafficking counts
of conviction after vacating his firearms conviction pursuant to
18 U.S.C. § 924(c). He contends that the district court was
without authority to order resentencing and that resentencing
would violate double jeopardy and due process. Contrary to
Pecina’s assertions, the district court had the authority to
order resentencing. United States v. Hernandez, 116 F.3d 725,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-10017
-2-
727-28 (5th Cir. 1997). Further, resentencing will not implicate
double jeopardy or due process concerns. United States v.
Rodriguez, 114 F.3d 46, 47-48 (5th Cir. 1997); see also, United
States v. Benbrook, 119 F.3d 338 (5th Cir. 1997). Accordingly,
the district court’s decision to resentence Pecina on the
remaining counts of conviction is affirmed, and the case is
remanded for resentencing.
AFFIRMED.