United States Fourth Circuit

District court's imposition of a 96 months sentence on a defendant convicted of conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base is vacated and remanded for resentencing as the district court misapprehended the scope of its discretion at resentencing, as a sentencing court may use any reasonable method in calculating a downward departure during resentencing and is not limited by any specific method previously used.

Appellate Information

• Argued 12/03/2009
• Decided 01/21/2010
• Published 01/21/2010

Judges

• Before KING, DUNCAN, and DAVIS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Anne Margaret Hayes, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF:Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.