Sentence on a defendant convicted of drug trafficking and firearm possession is vacated and remanded for resentencing as the district court clearly erred in concluding, on the basis of the record, that defendant's admission of guilt occurred in a judicial proceeding in open court, and as such, certain criminal history points should not have been assessed.
Argued: December 4, 2009
Decided: January 20, 2010
Opinion by Senior District Judge Ellis
For Appellant: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc.
For Appellee: Mark Andrew Jones, Office of the United States Attorney