United States Fourth Circuit

Sentence for distribution of more than five grams of cocaine base is affirmed where: 1) the court is unable to review the district court's decision to deny a downward departure since the sentencing court understood its authority, but declined to exercise it on the facts of the case; 2) the district court did not focus exclusively on defendant's prior criminal activity in imposing his sentence; and 3) it is unnecessary to remand defendant's sentence to the district court for reconsideration under the new amendments to the sentencing guidelines for crack offenses since that court may address the issue either sua sponte or in response to a motion.

Appellate Information

• Argued 11/02/2007
• Decided 03/20/2008
• Published 03/20/2008

Judges

• Before NIEMEYER and KING, Circuit Judges, and JAMES A. BEATY, JR., Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Meghan Suzanne Skelton, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.   Richard Daniel Cooke, Special Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Dennis Fitzpatrick, Assistant United States Attorney, Martha Pacold, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.