United States v. James Lee Smertneck

LITTLE, District Judge:

The crime to which the appellant entered a plea of guilty did not have a specific sentence provided in the Sentencing Guidelines. The district court sentenced according to a penalty plan applicable to a similar crime. Appellant asserts that the district court’s determination of a similar offense was in error as there is another offense more fitting to the appellant’s conduct and, if applied, would render a lesser penalty. We disagree and AFFIRM the sentence of the district court.

James Lee Smertneck was charged with a violation of 21 U.S.C. § 843(a)(6).

It shall be…