United States Fifth Circuit

A sentence for possession of a controlled substance with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon is affirmed over claims of error regarding the unreasonableness that the same criminal conduct results in different Guidelines ranges depending only on the government's charging decision.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• OWEN, Circuit Judge:, Before REAVLEY, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Alan M. Buie, Dallas, TX, for Plaintiff-Appellee., William Ernest Hermesmeyer, Fort Worth, TX, for Defendant-Appellant.