United States Fourth Circuit

The district court's imposition of an above-Guidelines sentence of 120 months' imprisonment upon defendant for drug-related offenses is affirmed, where: 1) the district court correctly determined that the mandate rule did not preclude it from considering the government's renewed section 4A1.3 upward departure motion; 2) the district court erred when it declined to retroactively apply the Fair Sentencing Act to defendant on remand, but the error was harmless; and 3) defendant's sentence is not substantively unreasonable.

Appellate Information

• Decided 07/17/2013
• Published 07/17/2013

Judges

• AGEE

Court

• United States Fourth Circuit

Counsel