United States v. Melvin

LYNCH, Circuit Judge.

In a previous appeal in this case, we vacated James Melvin’s conviction for possession of cocaine base with intent to distribute. United States v. Melvin, 730 F.3d 29, 40 (1st Cir.2013). We remanded for a new trial on the basis of a non-harmless trial error. Id. On retrial, Melvin was again found guilty of possession of cocaine base with intent to distribute and sentenced to 168 months of imprisonment and six years of supervised release. On appeal, he challenges his sentence on the ground that he was erroneously sentenced as a career offender pursuant to U.S.S.G. §…