United States v. Jackson

BOGGS, J. (pp. 446-51), delivered a separate dissenting opinion.

*443OPINION

MERRITT, Circuit Judge.

This is a direct appeal from conviction after a guilty plea entered by defendant Michael Jackson to one count of intent to distribute more than five grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The presentencing report provided a sentencing range of 188-235 months due to Jackson’s status as a career offender. The district court agreed to delay Jackson’s sentencing in anticipation that Congress would pass legislation reducing the penalties associated with the crack…