United States v. Raysor

SHEPHERD, Circuit Judge.

The United States appeals from an order issued by the district court sentencing Darrin Bernard Raysor to 52 months imprisonment. Because the district court erred as a matter of law in failing to sentence Raysor to the mandatory minimum sentence of 60 months for his conviction under 21 U.S.C. § 841, we reverse and remand for resentencing.

I

On December 9, 2009, Raysor began serving a five year sentence for his conviction in North Dakota state court for possession of marijuana with intent to deliver and theft of property. One day later, on December 10, 2009, Raysor was…