United States Court of Appeals
For the First Circuit
No. 02-1935
02-1936
UNITED STATES,
Appellee,
v.
MAXIMILIANO AMPARO-CONCEPCIÓN,
Defendant, Appellant.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Daniel R. Dominguez, U.S. District Judge]
Before
Lynch, Circuit Judge,
Siler, Circuit Judge,*
and Lipez, Circuit Judge.
Maximiliano Amparo-Concepción on brief pro se.
Thomas F. Klumper, Assistant United States Attorney, H.S.
Garcia, United States Attorney, and Sonia I. Torres, Assistant
United States Attorney, on brief for appellee.
October 28, 2003
*
Of the United States Court of Appeals for the Sixth Circuit,
sitting by designation.
Per Curiam. For the reasons stated in United States v.
Rosa-Ortiz, No. 02-2362, appellant's guilty plea in No. 02-1935 is
vacated and the case is remanded for dismissal of the indictment.
Appellant's conviction under 18 U.S.C. § 1001 stands.
Because we vacate his conviction on the conspiracy charge, however,
appellant's total offense level must be recalculated and a new
sentence imposed. Accordingly, appellant's sentence in No. 02-1936
is vacated and the case is remanded to the district court for
resentencing.
So ordered.
Dissenting opinion follows.
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SILER, Circuit Judge (dissenting). For the reasons
stated in my opinion in the companion case to this appeal, United
States v. Rosa-Ortiz, No. 02-2362, I respectfully dissent.
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