United States Fourth Circuit

Sentence at bottom of guideline range of 210 to 262 months imprisonment for career offender convicted of distributing cocaine base within 1,000 feet of a school, is affirmed over claims that: 1) the government breached the terms of the plea agreement by refusing to move for third-level reduction for timely acceptance of responsibility; 2) the district court erred in ruling that it lacked authority to grant third-level reduction in the absence of a government motion; and 3) under Apprendi v. New Jersey, 530 U.S. 466 (2000), defendant's prior convictions may not be used to enhance his sentence under the career offender guideline.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• Before WILKINS, Chief Judge, KING, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian Christopher Crockett, Office of the Federal Public Defender, Clarksburg, West Virginia, for Appellant.  Paul Thomas Camilletti, Office of the United States Attorney, Martinsburg, West Virginia, for Appellee.   ON BRIEF:  Thomas E. Johnston, United States Attorney, Thomas O. Mucklow, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.