United States v. Corey Cox

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4557

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

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Affirmed in part, vacated in part, and remanded by unpublished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Unpublished opinions are not binding precedent in this circuit.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