United States v. Cole

OPINION

Ozzie Anthony Cole pled guilty to distributing 2.12 grams of crack on February 9, 2001 (Count Eleven of a nineteen-count indictment), and was sentenced to a term of 188 months imprisonment. Cole contends on appeal that the district court erred in using protected information that he provided pursuant to a cooperation agreement to determine that he had a supervisory role in the distribution of drugs. See U.S. Sentencing Guidelines Manual §§ 1B1.1, 3B1.1(c) (2001). He also claims that the government breached the plea agreement when it refused to recommend an adjustment for acceptance of…