United States DC Circuit

In a prosecution for possession with intent to distribute cocaine, a denial of petitioner's habeas petition is affirmed where: 1) a "reverse sting" downward departure was inapplicable because petitioner was sentenced not based on drug quantity but rather as a career offender; and 2) petitioner failed to show a reasonable probability that the district court, having effectively rejected the predicate of petitioner's lesser harms argument, would have departed downward had counsel formally invoked U.S.S.G. section 5K2.11.

Appellate Information

• Argued 01/07/2010
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before SENTELLE, Chief Judge, TATEL, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Patricia A. Heffernan, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Elizabeth A. Trosman and Roy W. McLeese III, Assistant U.S. Attorneys.