UNITED STATES of America, Plaintiff-Appellee, v. Corey Wendell COX, Defendant-Appellant, 461 F. App'x 340

Affirmed in part, vacated in part, and remanded by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit.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 resentenc-ing. 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.