United States Sixth Circuit

Defendant's sentence to 28 months' imprisonment for possession with intent to distribute cocaine base is affirmed as the district court properly attributed six criminal history points to defendant's prior convictions and two additional points under U.S.S.G. section 4A1.1(e) because the instant offense occurred less than two years after his release from his juvenile confinement, for a total of eight criminal history points and a sentencing guidelines range of 24 to 30 months.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• Before:  KENNEDY and ROGERS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Mark R. DeVan, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellant.  Laura McMullen Ford, Assistant United States Attorney, Cleveland, Ohio, for Appellee.