United States v. Curb

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is a sentencing appeal that reaches us somewhat stale. Defendant-appellant Adrian Conan Curb pleaded guilty on February 28, 2005 to two crack-cocaine charges. The district court enhanced Curb’s total offense level for his status as a career offender, the application of which he now appeals. Additionally, Curb requests resentencing in light of the Supreme Court’s recognition of crack-to-powder cocaine sentencing disparities in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), and Spears v. United States, 555 U.S.…