United States v. McKithen

OPINION

Following a jury trial, Levester McKithen, Jr., was convicted on one count of conspiracy to possess with intent to distribute cocaine and cocaine base (“crack”), in violation of 21 U.S.C.A. §§ 841(a)(1), 846 (West 1999) and 18 U.S.C. § 2 (1994), one count of attempted possession with intent to distribute crack, in violation of 21 U.S.C.A. § 846 and 18 U.S.C. § 2, and one count of attempted possession with intent to distribute cocaine and crack, in violation of 21 U.S.C.A. § 846 and 18 U.S.C. § 2. The district court sentenced McKithen to concurrent 160 month prison terms on each count.…