United States v. Bryant

BOUDIN, Circuit Judge.

This case concerning sentencing is back before this court for the second time; the prior history is recounted in our decision on defendant Chris Bryant’s first appeal, United States v. Bryant, 571 F.3d 147 (1st Cir.2009). To summarize briefly, in 2006, Bryant participated in two sales of crack cocaine to an undercover officer in Boston, Massachusetts. He was indicted in February 2007 for the second transaction and pled guilty in September to one count of distribution of cocaine base. 21 U.S.C. § 841(a)(1) (2006).

At issue in his sentencing was whether he qualified as a…