United States v. Delima

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30296
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADAN DELIMA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CR-50108-ALL
--------------------
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Adan Delima appeals his sentence following his guilty plea
conviction of possession with intent to distribute cocaine. On
appeal, Delima argues that the district court erred in
resentencing him upon remand from this court without his
presence.
The district court erred by resentencing Delima in his
absence. See FED. R. CRIM. P. 43; United States v. Moree, 928

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No. 03-30296
-2-
F.2d 654, 656 (5th Cir. 1991). It is therefore ordered that
Delima’s sentence be vacated and the matter remanded.
VACATED AND REMANDED.

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