United States v. Courtney Butler (98-5552) and Julius Retic (98-5554)

NATHANIEL R. JONES, Circuit Judge,

concurring, with COLE, J., joining.

We concur in the judgment announced by Judge Clay, and with most of Judge Clay’s well-reasoned opinion. Nevertheless, we believe defendant Retie, in addition to prevailing for the reasons stated in II.B.2, correctly asserts that the United States Sentencing Commission failed to comport with a clear Congressional directive when it eliminated the requirement that the defendant be at least twenty-one years old to be subject to enhancement under U.S.S.G. § 3B1.4. We therefore respectfully disagree with regard to the analysis in…