UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4557
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
COREY WENDELL COX,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., District Judge. (1:10-cr-00274-WO-1)
Submitted: January 9, 2012 Decided: January 13, 2012
Before DUNCAN, DAVIS, and FLOYD, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Stacey D. Rubain, QUANDER & RUBAIN, P.A., Winston-Salem, North
Carolina, for Appellant. Sandra Jane Hairston, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Corey Wendell Cox appeals the 240-month sentence
imposed after he pled guilty to conspiracy to distribute five
kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841,
846 (2006). On appeal, Cox asserts error only in the
determination of his sentence. Because Cox does not assert
error with regard to his conviction, we affirm the conviction.
The parties have filed a joint motion to remand for
resentencing in light of United States v. Simmons, 649 F.3d 237
(4th Cir. 2011) (en banc). Upon review of the joint motion and
the appellate record, we find the parties’ position to be well
taken. Accordingly, we vacate Cox’s sentence and grant the
motion to remand for resentencing.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED
2