IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-50966

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

ROBERTO NOEL SOLIS, Defendant-Appellant.

Appeal from the United States District Court For the Western District of Texas (W-97-CR-35-10)

December 7, 2000

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PER CURIAM:*

The district court committed no reversible error in its

handling of Brady and Jenks material. The conviction is affirmed.

The government properly concedes error in the sentence imposed

for the conviction of violating 21 U.S.C. 841(b). See Apprendi v.

New Jersey,

; United States v. Meshack,

(5th Cir. 2000); and United States v. Doggett,

(5th Cir. 2000). The sentence is vacated and the case is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. remanded to enable the district court to fashion a new sentence

within the boundaries set by

(b)(1)(D).

Judgment AFFIRMED. Sentence VACATED and case REMANDED.

2