United States v. Thomas McGowan

Thomas McGowan was convicted on his guilty plea for possession with intent to distribute five grams or more of cocaine base (crack cocaine), in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(iii). The district court imposed a sentence of 188 months, and McGowan appealed. Finding statutory error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), because the district court had treated the Guidelines as mandatory, we vacated McGowan’s sentence and remanded for resentencing. United States v. McGowan, 134 Fed.Appx. 359, 362-63 (11th Cir.2005). Following a…