Defendant pleaded guilty to possession with intent to distribute. The preliminary investigation report recommended classifying defendant as a career offender. The district court accepted the classification despite defendant’s objection and imposed a downward variance on his guidelines range. Defendant challenged ...

Tagged with: Career-Offender Designation Downward Sentence Variance Possession with Intent to Distribute

  Defendant pleaded guilty to possession of heroin with intent to distribute. Defendant’s presentence investigation report included a prior Illinois conviction for aggravated unlawful use of a weapon. After the Illinois Supreme Court declared the statute of conviction unconstitutional in ...

Tagged with: Calculation of Guidelines Range Possession with Intent to Distribute Prior Convictions

A jury convicted defendant of conspiracy and possession with intent to distribute methamphetamine. On appeal, defendant argued that his attorney violated defendant’s Sixth Amendment rights by conceding guilt to the possession charge at trial, and that the trial court committed ...

Tagged with: Possession with Intent to Distribute Sentencing Errors Sixth Amendment Violation

Defendant was convicted of conspiracy to distribute, possession with intent to distribute and one count of distribution. The district court applied a base offense level of 32 based on its calculation that defendant was responsible for 150 to 500 grams ...

Tagged with: Calculation of Drug Quantity Possession with Intent to Distribute Sentencing Enhancement

Defendant pleaded guilty to conspiracy and possession with intent to distribute. The district court sentenced defendant at the bottom of his guidelines range. The sentencing guidelines subsequently lowered the base level for defendant’s offense. The district court initially denied defendant’s ...

Tagged with: Lowered Offense Level Motion for Sentence Reduction Possession with Intent to Distribute

Defendant was convicted of possession with intent to distribute. On appeal, defendant alleged a number of errors, including denial of his suppression motion, denial of a Franks hearing, denial of in camera review of an officer’s personnel file, allowing a ...

Tagged with: Possession with Intent to Distribute Sufficiency Of Evidence Suppression of Evidence

Defendant sought habeas relief from the mandatory minimum sentence imposed following his conviction for conspiracy and possession with intent to distribute crack cocaine. Defendant’s mandatory minimum sentence was doubled based on a prior felony conviction. On appeal, defendant argued that ...

Tagged with: Possession with Intent to Distribute Prior Felony Conviction Sentencing Enhancement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a plea agreement in which the government recommended a sentence of 18 months of imprisonment. The district court instead imposed a 60-month sentence, stating that there was no reason ...

Tagged with: Breach of Plea Agreement Possession with Intent to Distribute Rejection of Recommended Sentence

Defendant pleaded guilty to possession with intent to distribute, pursuant to a written plea agreement that contained an appeal waiver. The district court concluded that defendant had two prior felony convictions subjecting him to the career-offender enhancement and sentenced him ...

Tagged with: Career Offender Enhancement Possession with Intent to Distribute Prior Felony Convictions

Defendant pleaded guilty to possession with intent to distribute pursuant to a plea agreement. The agreement included an appeal waiver, which included collateral claims except claims based on ineffective assistance of counsel challenging the validity of defendant’s plea or appeal ...

Tagged with: Ineffective Assistance plea agreement Possession with Intent to Distribute

Defendant pleaded guilty to possession with intent to distribute and being a felon in possession of a firearm. Based on prior felony convictions, the district court determined that defendant was subject to an enhanced sentenced under the Armed Career Criminal ...

Tagged with: Armed Career Criminal Act Felon in Possession of a Firearm Possession with Intent to Distribute