For the reasons stated in United States v. Rosa-Ortiz, No. 02-2362, appellant’s guilty plea in No. 02-1935 is vacated and the case is remanded for dismissal of the indictment.

Appellant’s conviction under 18 U.S.C. § 1001 stands. Because we vacate his conviction on the conspiracy charge, however, appellant’s total offense level must be recalculated and a new sentence imposed. Accordingly, appellant’s sentence in No. 02-1936 is vacated and the case is remanded to the district court for resentencing.

So ordered.

(dissenting).

For the reasons stated in my opinion in the companion case to this appeal, United States v. Rosar-Ortiz, No. 02-2362, I respectfully dissent.