United States v. Michael Brian Fortier

ARNOLD, Circuit Judge.

Michael Brian Fortier pleaded guilty to one count of possession with intent to distribute 139 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1). Two remaining charges were dismissed. At Fortier’s sentencing hearing, the District Court considered an additional amount of cocaine, listed in a count to which Fortier did not plead guilty, to increase his sentence under the Sentencing Guidelines. On appeal, For-tier argues that consideration of the additional amount of cocaine was error, because the District Court had no reliable evidence on which to base its conclusion…