United States v. Gary Burgess Rollins
Court of Appeals for the Sixth Circuit
Moore, Circuit Judge, filed a dissenting opinion.
1Opinion of the Court
SUTTON, Circuit Judge.
Gary Burgess Rollins pleaded guilty to possession of less than 50 kilograms of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). At sentencing, this violation translated into a base offense level of twelve, which the district court reduced to ten in view of Rollins’ acceptance of responsibility. The district court next attributed to Rollins a criminal history category of II based on his previous state-court convictions for (1) possession of marijuana and (2) driving without insurance. After combining the vertical requirements of Rollins’ base…
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