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

Defendant pleaded guilty to possession with intent to distribute. On appeal, defendant challenged the district court’s findings that defendant’s uncharged activity was part of a common scheme or course of conduct with his charged activity and that his charged activity ...

Tagged with: Possession with Intent to Distribute Sentencing Guidelines Range Substantive Reasonableness of Sentence

Defendant was convicted of possession with intent to distribute. On appeal, defendant challenged the denial of his motion to suppress evidence found during a traffic stop and also challenged the district court’s admission of prior bad acts after declining to ...

Tagged with: Motion to Suppress Evidence Possession with Intent to Distribute Prior Bad Acts Evidence