United States Fourth Circuit

Conviction and sentence based on guilty plea to possession with intent to distribute cocaine are affirmed over claim that the district court erroneously applied the ten-year mandatory minimum sentence as defendant's prior conviction for carrying a firearm during and in relation to a drug trafficking crime is not a "felony drug offense" within the meaning of 21 U.S.C. section 841(b)(1)(B).

Appellate Information

• Argued 03/13/2007
• Decided 04/19/2007
• Published 04/19/2007

Judges

• Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sapna Mirchandani, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Rachel L. Brand, United States Department of Justice, Office of the Attorney General, Washington, D.C., for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Acting Federal Public Defender, Riley H. Ross, III, Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, James Ashford Metcalfe, Assistant United States Attorney, Edward K. Nickel, Third Year Law Student, Office of the United States Attorney, Norfolk, Virginia, for Appellee.