Distribution of cocaine is vacated

US v. Garner, No. 05-4215, 05-4337
A sentence for conspiracy to distribute cocaine is vacated and remanded where the district court erred in sentencing defendant to a term of 96 months of imprisonment as the jury's findings, together with a sentencing enhancement for a prior felony drug conviction filed by the government prior to defendant's trial, required imposition of at least a mandatory minimum sentence of 120 months of imprisonment